Brown v. Butts

Undercofler, Justice.

The issue here is whether a nuncupative will may be probated where the testatrix thereafter signed a paper setting forth a disposition of her property.

The evidence shows: On Sunday, March 8, 1970, about midnight Eliza Butts made an oral will in the presence of seven persons. Thereafter, one of these persons inquired of the testatrix whether she would sign a paper containing the words just spoken. Upon receiving an affirmative answer, they were reduced to writing, read and signed by the testatrix. The paper states, "I, Eliza Butts, do hereby will my house 1913 — 2nd Ave.,…