Lipsey v. Lipsey

OPINION

THOMAS, Justice.

The central question presented by this appeal is: does Appellant’s will contest constitute a claim for affirmative relief within the provisions of Rule 164? 1 We answer the question in the negative and affirm.

Appellee filed an application to probate the will of her husband in the county court of Leon County. Appellant, the decedent’s son, filed a will contest, which asks the trial court in the prayer to find that decedent “did not have the requisite testamentary capacity to make the will offered for probate by [Appellee], and additionally that [Appellee] used undue…