Barnes v. Willis

This appeal of a judgment rendered in a will contest presents an issue of first impression: whether a ward for whom a curator has been appointed under Code 1975, § 26-7A-1, is legally capable of making a will without prior notice, hearing, and approval by the court.

On October 6, 1980, Malcolm J. Carter made and executed a will, which left most of his estate to his heirs according to the laws of descent and distribution. Carter appointed his niece, Georgia Lee Willis, as the executrix of the estate.

On March 2, 1981, upon petition by Carter's sister, Erin Barnes, the Autauga County Probate…