Murchison v. Smith

Hines, Justice.

This is an appeal from the judgment entered on a jury verdict in a will contest regarding the estate of Ms. Annie Bell Smith. For the reasons which follow, we affirm.

The elderly Ms. Smith was diagnosed with terminal lung cancer in December 1994. On January 31, 1995, she executed a will leaving the bulk of her estate to her brother-in-law, Caesar Smith and his wife Lois Smith, who were assisting Ms. Smith and providing her with care. The will also named Caesar Smith as sole executor. At the same time, Ms. Smith executed a general durable power of attorney empowering Caesar Smith…