Rolfe

This is an appeal from a judgment entered on a jury verdict denying probate of a codicil to the will of Annie L. Lockwood on the ground that the testatrix lacked testamentary capacity on February 28, 1964 when the codicil was executed, four days before her death. The will itself was admitted to probate, there being no question of Mrs. Lockwood’s testamentary capacity on July 28, 1958 when it was executed.

The codicil revoked the testatrix’s gift of her entire estate to William and Irene Rolfe, close friends for many years, who had rendered personal services to her at various times, and substituted a gift of $5,000 to May Delaney and gave the *311 remainder of her estate to her heirs at law, Alan, Audrie and Sharon Swanson, who are appellants here.

The sole issue on appeal is whether there is any substantial evidence to support the verdict of the jury, which found, answering a special interrogatory of the court, that the testatrix was not mentally competent at the time she executed the codicil. In order to resolve this issue it is necessary to set forth the facts in detail.

The testatrix was 89 years of age at the time of her death on March 3, 1964. An autopsy report gave the…