Crumbley v. McCart

Carley, Justice.

After Mr. Eugene McCart (Testator) died in November of 1995, his brother Raymond McCart (Propounder) filed for probate a will executed in August of that year. Testator and Propounder were business partners who farmed several tracts of land which they owned as tenants in common. Propounder had a more dominant personality than Testator, and he made the appointments with the attorney who prepared the will. Propounder also was in attendance when Testator executed his will. However, the explanation for Propounder’s presence was the simultaneous execution of his own will. Shortly…