G. Warren Whitaker, an expert in trust and estates law, said a person's inability to recognize her own child shows she is probably unaware of what she is doing when she signs a will and thus lacks legal "testamentary capacity.''
Whitaker, despite overruled defense objections, was asked by Assistant District Attorney Joel Seidemann whether a person would be considered mentally competent to sign a will if she thought her only child was her husband.
Witnesses have testified in the eight-week-old trial that Astor referred to son Anthony Marshall as "my husband."
Whitaker: "That would certainly be an indication of lack of testamentary capacity."
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