Roberts v. Bolton

BARKDULL, Judge.

Luby Lee Roberts, Sr. appeals an order denying his petition for administration (without Will) and granting Terry Dean Bolton’s petition to admit a Will for probate.

The Will of the deceased provided that he and his wife bequeathed their estates to each other and, further: “If my said wife and I should die in a common * * * disaster, we do give * * * all our said estate to our nephew, Terry Dean Bolton.” [emphasis added] Prior to the deceased’s death he had been divorced. After his death, his wife filed a petition for the determination of beneficiaries. Roberts, Sr., as sole…