Horton v. Raspberry

Willie D. Horton appeals from a summary judgment entered in a consolidated action in which he, as a beneficiary, and other similarly situated beneficiaries challenged the will of Bertha G. Cofer, deceased, questioning her testamentary capacity at the time she executed the will. We reverse the trial court's judgment in favor of Billy Joe Rasberry, the personal representative of Bertha Cofer's estate.

Bertha Cofer executed her will on December 4, 1990; she died on January 28, 1999. On March 3, 1999, Rasberry filed a petition for the probate of Cofer's will in the probate court, attaching a copy…