Whitfield v. Burttram

EMBRY, Justice.

Mr. W.F. Whitfield, a widower, died on 27 November 1981. A will was found at his home after death which was submitted for probate by the named executor, Terry Burttram.

When the testator died, he had no children; he left surviving one older sister, Bessie Burttram, three nephews — Terry Burttram, Clayton Whitfield Burttram, and Jack Whitfield — and one niece, Sarah Burt-tram Hill. All these survivors are proponents of the will except for Jack Whitfield.

Jack Whitfield contested the will, alleging undue influence and improper execution. The case was transferred to circuit court,…