Fortenberry v. Fortenberry

DIES, Chief Justice.

This is an appeal from a suit to cancel the will and mineral deed of Miss Mamie Chambless executed on November 19, 1976. Miss Chambless died on December 5, 1976, at the age of eighty-three. A jury found that Miss Chambless lacked testamentary capacity to execute the will and mental capacity to execute the deed. We reverse and remand the cause for a new trial, for the following reasons.

During the trial, contestants (plaintiffs below) attempted to elicit testimony from a handwriting expert that Miss Chambless’s signature to the instruments was forged. The trial court…