In Re Estate of Lowe

I Background

Edison Bryan Lowe (“testator”) died on 15 November 2000. On 28 December 2000, Howard E. Clayton, Jr. (“propounder”) submitted a writing dated 5 November 1999 to the Clerk of Court, purporting to be the Last Will and Testament of testator. Propounder was named as the primary beneficiary and executor under the will.

Testator’s nephews, Eugene Lowe, Russell Lowe, and Bryan Lowe, collectively (“caveators”), filed a caveat on 17 January 2001. Caveators served a request for admissions upon propounder on 8 May 2001, and filed the request on 10 May 2001. Propounder served answers to the…