Whitteberry v. Whitteberry

This appeal is from a decree admitting to probate the will of William Whitteberry, deceased, executed on July 8, 1969. The beneficiaries under this will were decedent’s brother, Richard Whitteberry, and two sisters, Grace Winn and Mary Elisor. The contestants are Jack Bird, a nephew of decedent’s wife, and James Whitteberry, decedent’s nephew. They seek to have this will declared invalid and to have the will executed by decedent on February 18, 1963, de dared Ms true last will and testament. Contestants were the benefidaries under the earlier will.

The questions presented are whether the…