Triestman v. Kilgore

This case involves the probate of the will of William Merritt Hutchins, deceased. The probate court admitted the will to probate. Nancy Hutchins Kilgore, a named legatee under the will, appealed the probate order by writ of error. The court of appeals reversed the probate order, holding that there was no evidence presented by the will proponents that the attesting witnesses were credible on that date. 829 S.W.2d 295, 299-300.

The Probate Code requires every last will and testament, if not wholly in the handwriting of the testator, to be attested by two or more “credible witnesses.” Tex.…