Wells v. Estate of Wells

Tom Glaze, Justice.

This litigation arose after Reba A. Wells died on May 13, 1994. Five days later, Ms. Wells’s stepson, Jack Wells, filed a petition in probate court, submitting an untided instrument dated May 6, 1994, as Ms. Wells’s last will, and requesting he be appointed executor. On May 19, 1994, Michie Daniels, Ms. Wells’s niece, petitioned the probate court, offering an instrument dated July 8, 1993, entitled the Last Will and Testament of Reba A. Wells. After a hearing, the trial judge declined to probate the instrument proffered by Jack Wells, holding the instrument was not a will,…