Johnson v. Fitzgerald

HINES, Presiding Justice.

Lonnie L. Michael (“the Testator”) died on September 29, 2010. He had executed a will on November 22, 2002. However, the original of that will could not be found. Nevertheless, Michael King Fitzgerald, who was named executor in the November 22, 2002 will, offered a copy of the will for probate in solemn form, requesting that it be admitted to probate upon proper proof. Danny Johnson, Michael D. Gwirtz, and Patricia A. Gwirtz (“Caveators”), the Testator’s heirs at law, filed a caveat, asserting, inter alia, that the November 22, 2002 will had been revoked by the…