Plummer v. Roberson

ON MOTION FOR REHEARING

SHANNON, Justice.

The opinion of this Court, handed down on November 23, 1983, is withdrawn and this opinion replaces it.

Appellant Matthew W. Plummer seeks to set aside the judgment of the district court of Payette County admitting to probate a 1977 will executed by Ada M. Moore. This Court will reverse the judgment of the district court.

Ada M. Moore died on January 3, 1979. Appellee Altemeta Roberson filed Ada M. Moore’s will for probate in the county court of Payette County. That will was dated November 17, 1977, and Roberson was named independent executrix therein.…