The trial court may also determine whether a party is competent for purposes of executing a will or signing an option, where there was no previous legal adjudication of unsoundness of mind. See In re Estate of Briscoe, 293 So.2d 6, 7-8 (Miss. 1974); Alford v. Crocker, 221 So.2d 363, 363 (Miss. 1969).
1973) and Estate of Briscoe v. Briscoe, 255 So.2d 313 (Miss. 1971), appeal after remand, 293 So.2d 6 (Miss. 1974), Dr. Lipscomb asserts that Kiddy's appeal must be dismissed because the disputed evidentiary rulings made by the trial court were not included in her motion for new trial. This is contrary to our interpretation of M.R.C.P. 59. It is clearly the better practice to include all potential assignments of error in a motion for new trial.
Hendricks v. James, 421 So.2d 1031 (Miss. 1982); In Re: Est. of Briscoe, 293 So.2d 6 (Miss. 1974). The lower court found, and correctly so, that a confidential relationship existed between appellees and Nathan Harrison; that a presumption of undue influence on their part arose; and that the burden was upon the appellees to prove by clear and convincing evidence that there was no undue influence exercised by them over Harrison. Assuming arguendo, that the proof did establish the mental capacity of Harrison, even barely so, we are of the opinion that appellants failed to show by clear and convincing evidence that Harrison was not the subject of undue influence by the appellees, in his weakened physical and mental condition.
Rockwell , 710 So. 2d at 390-91 (¶10) (citing In re Est. of Briscoe , 293 So. 2d 6, 7-8 (Miss.1974) ; Alford v. Crocker , 221 So. 2d 363, 363 (Miss. 1969) ). ¶30. The "ordinary affairs of life" relate to a person's "ability to make important personal, business and life decisions."
"Furthermore, ... opinions of lay witnesses regarding testamentary capacity [must] be supported by ‘facts as a basis for the witnesses' conclusion.’ " Estate of Rutland v. Rutland, 24 So.3d 347, 353 (¶ 20) (Miss. Ct. App. 2009) (quoting In re Estate of Briscoe, 293 So.2d 6, 8 (Miss. 1974) ). "Overly broad or generalized testimony indicating a lack of capacity will be deemed insufficient where it is contradicted by competent evidence and is ‘obviously based upon the infirmities of advancing age rather than upon any abnormal conduct indicative of mental aberration.’ " Id. (quoting Briscoe, 293 So.3d at 8).
¶ 20. Furthermore, we require that the opinions of lay witnesses regarding testamentary capacity be supported by "facts as a basis for the witnesses' conclusion." In re Estate of Briscoe, 293 So.2d 6, 8 (Miss. 1974). Overly broad or generalized testimony indicating a lack of capacity will be deemed insufficient where it is contradicted by competent evidence and is "obviously based upon the infirmities of advancing age rather than upon any abnormal conduct indicative of mental aberration."