Joe Barksdale and Olen Barksdale filed a contest on the grounds that the purported will was never duly executed or, if executed, was destroyed by Mrs. Henry prior to her death. Should the will be probated? Explain.

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Joe Barksdale and Olen Barksdale filed a contest on the grounds that the purported will was never duly executed or, if executed, was destroyed by Mrs. Henry prior to her death. Should the will be probated? Explain.

Mamie Henry, a widow, died leaving no children, but she was survived by several nieces and nephews. At first, no will was found, and Joe Barksdale, a nephew, was appointed administrator of Mrs. Henry’s estate. Later, Rita Pendergrass produced a copy of a will allegedly made by Mrs. Henry. The will left all of Mrs. Henry’s property to Mrs. Pendergrass and appointed her as executrix. When Mrs. Pendergrass sought to have the will admitted to probate, Joe Barksdale and Olen Barksdale filed a contest on the grounds that the purported will was never duly executed or, if executed, was destroyed by Mrs. Henry prior to her death. Should the will be probated? Explain.

Answer & Explanation (1)

Explanation

The will could be probated by Individual R if there is clear evidence provided that the will was executed my Individual M by assigning the rights to Individual P. The will must be properly signed by two witnesses and have signatures of Individual M mentioning that after death, the will automatically gives property rights to Individual P and not to other relatives.
 
Failure to satisfy the mentioned condition will result in the prohibition of the application of the will by the other relatives, namely, Individuals J and O.

Sample Response

Individual M could be in favor of Individual P if proper evidences that are required for execution of the will are provided. However, in absence of these evidences, the other relatives' contention will prevail.

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