Elliott v. Elliott

This is an appeal by Hubert S. Elliott and five of his siblings from judgment, based upon a jury verdict, in favor of Roscoe Lymon Elliott, proponent of the will of Myrtle Whitmire Elliott. The verdict upheld the validity of the will against the contest of Hubert S. Elliott and the other contestants.

The parties to this appeal comprise seven of the nine children of the testatrix Myrtle Whitmire Elliott. The contest was filed the probate court and transferred for trial to the circuit court pursuant to statute. The issues upon which the contest was tried were whether at the time of making and…