In Re Clark Estate

In this appeal, we are asked to determine whether the testator’s third codicil was properly admitted to probate where the testator’s brother—one of the two subscribing witnesses to the codicil—testified against its admission, disavowing the recitations of the codicil’s attestation clause. We conclude that the codicil was properly admitted to probate.

In September 1985, Percy Lee Clark executed his last will and testament. The will made various specific devises, including a $10,000 cash devise to Kevin Watmuf, and devised equal shares of the residue of the estate to the testator’s surviving…