Allan v. Allan

SHORES, Justice.

This is a will contest. The decedent, Mrs. Bessie Louise Allan and her husband, Lawrence Gilbert Allan, Sr. (hereinafter proponent), executed reciprocal wills in 1960. Mrs. Allan died in 1975. The proponent offered the 1960 will of his wife for probate. He proved the execution of the will by the testatrix in the presence of two witnesses who affixed their names to the instrument in the presence of the testatrix. The son of Mr. and Mrs. Allan, Lawrence Gilbert Allan, Jr., contested the 1960 will contending that it had been revoked by a subsequent will. The trial court directed…