Hickox v. Wilson

Thompson, Justice.

Jean Hickox filed a petition to probate in solemn form, the last will and testament of her step-mother, Daisy Howard. A caveat was filed by the testatrix’s nieces and nephews, her heirs at law, on the ground that the purported will was not signed by the testatrix and is invalid. After the probate court admitted the will to record, the caveators appealed to the superior court where they were awarded summary judgment. For the reasons which follow, we reverse.

One month before her death, testatrix asked her friend Mildred Kerr to witness the signing of her will. Kerr informed…