Mitchell v. Calhoun

Undercofler, Justice.

This appeal is from the granting of the appellees’ (defendants’) motions for summary judgment.

The circumstances out of which this litigation arose are as follows: Co-appellee Virgie Lee Redding Calhoun and Raymon A. Calhoun were married in 1966. Raymon A. Calhoun executed a will in 1967 in which he named coappellee M. L. Calhoun, a first cousin, as his sole devisee. Raymon A. Calhoun filed suit for divorce on November 5, 1970. He was hospitalized in January 1971 and then was in a nursing home until his death. He was granted a divorce from Virgie Lee Redding Calhoun on…