Kale v. Wilson

CARLEY, Justice.

Appellee Janet Walls Wilson filed a petition to probate the will of her aunt, Irene Walls Kale (Testatrix). Appellant Warren Kale filed a caveat alleging that Testatrix was subjected to undue influence and fraud by Appellee, and that Testatrix lacked testamentary capacity to execute the will. Prior to the hearing on the petition and caveat, Appellant orally moved to dismiss the petition on the ground that a condition precedent set forth in the will had not been met. The probate court denied the motion and proceeded with the hearing, after which it ordered that the caveat be…