Horton v. Horton

Carley, Justice.

Ms. Carolyn Horton was diagnosed with terminal cancer and died two months later on September 21, 1994. Her survivors were her sons, Richard I. Horton, Jr. (Propounder) and Robert G. Horton (Caveator). Ms. Horton’s purported will, dated August 25, 1994, named Propounder as executor and devised and bequeathed all of her property to him, to the exclusion of Caveator. After Propounder offered Ms. Horton’s will for probate, Caveator challenged its validity on several grounds. At trial, the jury found that Ms. Horton’s will was invalid due to lack of testamentary capacity and undue…