Cowart v. Cowart

W. J. Cowart died on April 29, 1948. Thereafter a written instrument dated February 6, 1948, purporting to be bis last will and testament, was offered for, and admitted to, probate in common form on May 20, 1948. By the terms thereof, the property was devised and bequeathed to seven of bis children. The other two, Willie Cowart and another, were excluded except for the payment of $1 to each. In due course Willie Cowart filed his caveat. His objections were that his father did not have testamentary capacity to make the will and that he was unduly influenced to do so. The issue of devisavit vel…