King v. Johnson

STOKER, Judge.

This is an appeal from a decision of the trial court refusing to admit to probate a purported olographic will offered by appellant Louise King Posey. The basis for the trial court’s decision was that the proponent of the will failed to prove that it was signed by the decedent because the signature was printed rather than written in longhand. The trial judge reasoned that if the decedent had intended for the document to have the effect of a will, then he would have written and signed the document in longhand.

Decedent, Harold Rudolph Posey, died on May 15, 1978. On May 26, 1978,…