Purcell v. Cowart

Jordan, Justice.

Henry Purcell, appellant here, filed a petition to set aside the judgment of probate on the last will and testament of R. B. Purcell, Sr., alleging that the will was admitted to probate in solemn form in 1964 upon only the affidavits of the subscribing witnesses, and that a will so admitted is a nullity and is void. The executor, appellee here, filed his answer and a motion to dismiss because the attack on the judgment was not timely and a cross action in which he sought to disinherit the appellant under a "no-contest” clause in the will.

On August 7, 1973, the court of…