Louis Curt Pannagl v. David Lambert

LEE, C.J.,

for the Court:

¶ 1. This appeal arises from the chancellor’s denial of a motion for attorney’s fees and costs. Finding that the chancellor abused her discretion, we reverse and remand.

PROCEDURAL HISTORY

¶ 2. On August 19, 2011, David Lambert (Lambert) filed a petition in the Chancery Court of Pike County to probate a copy of Louis S. Pannagl Jr.’s (Louis) last will and testament. Louis was Lambert’s stepfather. The sworn petition alleges that the original of the will was lost and that it was not destroyed by Louis with the intent to revoke it. Louis’s original will could not be found.…