Kinard v. Whites

L. N. Kinard died in October, 1934. Shortly thereafter a writing alleged to be his holographic will was admitted to probate by the chancery clerk, without notice, on proper affidavits. Thereafter the appellants, the heirs at law of L. N. Kinard, filed a protest to the probate of the will in accordance with section 1609, Code of 1930. An issue of devisavit vel non was then made up and tried by a jury, which found that ‘ ‘ the instrument herein propounded is the last will and testament of L. N. Kinard. ’ ’ A decree was then rendered in accordance with the verdict.

The will was originally…