Chitwood v. Collins

Hatcher, Judge:

The main question here is does Code, 41-5-11, limiting the period in which a will may be impeached to two years from the date of probate, apply to a suit brought after that period for the specific performance of a contract to execute a will with provisions materially different from the will actually executed and probated.

The essence of the bill is that Justus Collins and his wife Lucy agreed orally in 1910 to execute and did execute mutual wills disposing of their separate estates, and containing like provisions for their children and other like provisions for their…