Matthews v. Turner

MAUS, Judge.

On February 15, 1972, testatrix Ella C. Butts (Ella) executed her will devising her estate to her brother, proponent Guy E. Turner (Guy). Referring to her only child, her adopted daughter, contestant Peggy Marie Butts Matthews (Peggy), she said, “I expressly acknowledge that I have a daughter, Peggy Marie Matthews, that I have already given certain property to, and that she is not to take under this, my Last Will and Testament.” By this action, Peggy contested the will alleging testamentary incapacity and undue influence of Guy. However, the case was submitted solely on the issue…