Hart v. Fortson

Hunt, Presiding Justice.

L. C. Hart appeals the trial court’s grant to S. T. Fortson of j.n.o.v. We reverse and remand.

Boyd Fortson, the testator, executed a will dated April 22, 1991, in which he left all of his property to his brother, S. T. Fortson. In September 1991, L. C. Hart, Boyd Fortson’s nephew, arranged for the preparation of a new will for his uncle which named him executor and sole beneficiary. Hart took this will to his uncle’s house, where it was executed by Fortson in the presence of witnesses. The probate court denied Hart’s petition to probate the will and granted S. T.…