London v. Harris

JONES, Justice.

This is a will contest. The question: Where the sole surviving attesting “witness” denies that she affixed her signature to the will as an attesting witness, may other evidence be admitted to prove the execution and attestation? Contestants/appellants, Billy London, Edward London, and Tommy London argue that such evidence is inadmissible, citing Code 1975, § 43-8-167. Proponent/appellee, James A. Harris, Jr., contends that such evidence is admissible. We agree with the proponent and affirm.

This appeal involves the wills of James A. Harris (“Archie”) and Ida Mae Harris, husband…