Matlock v. Simpson

OPINION

WM. H.D. FONES, Sr., Special Judge.

This is a will contest brought by the son and daughter of the testator, L.T. Matlock. His attorney, Paul Simpson, drafted the will and was the principal beneficiary and executor. The jury found in favor of the will. The Court of Appeals reversed and remanded for a new trial, holding that the jury instructions contained two errors. First, the trial judge gave an instruction that submitted to the jury the determination of whether or not a confidential relationship existed between the testator and his lawyer, that relationship having been established as…