July 31, 1998

An elderly Louisville woman amended her will to exclude her brothers just a day before a trial jury found her to be incompetent.  When the woman died two years later, the brothers disputed this changed will, arguing that at the time of the execution of the will, she lacked the necessary testamentary capacity.  In defense, James Grohmann argued that while the woman’s cognitive abilities were limited, she was still able to adequately express her intentions.  Furthermore, Grohmann pointed to the woman’s alleged sexual abuse by the male members of her family as motivation for her excluding the brothers.  The Jefferson County jury found in favor of the defendant, finding that the testator had the capacity to execute the will.