McGee v. Nicola

The petitioners, Paul and Madeline McGee, filed a petition to admit to probate a will executed by George W. Nicola, deceased (decedent), in January 1994. The respondents and co-executors of the estate of the decedent, Robert Nicola and Rosemary Atkins Phillips, successfully moved to dismiss the petition. On appeal, we hold that the trial court erred in refusing to admit the decedent’s most recently dated will to probate. Thus, we reverse and remand for further proceedings.

The decedent executed two wills in the month before his death. One was dated December 1993 (the December will). It…