Ussery v. Terry

MOORE, Chief Justice.

Norman Ussery1 appeals from an order entered by the Montgomery Circuit Court dismissing his action in a will contest against Alan Terry (“Alan”), as executor of the estate of Donald R. Terry (“Donald”), deceased. We reverse and remand.

I. Facts and Procedural History

Donald executed a will on October 21, 2010. The will named the following beneficiaries: Ussery, Donald’s godson; Alan, Donald’s nephew; James Harrison Terry (“James”), Donald’s nephew; Alan Reid Terry, Jr. (“Alan Jr.”), Donald’s great-nephew; Monica Jade Terry (“Monica”), Donald’s great-niece; and Truett…