Hurdle v. Sawyer

WELLS, Judge.

At the hearing before His Honor, Judge Strickland, plaintiff presented the testimony of six witnesses, including herself. Defendants offered no evidence. The trial judge found extensive facts and upon those findings, entered his conclusions of law favorable to plaintiff. All of the trial court’s findings of fact are supported by the evidence and are therefore binding on appeal. The appeal presents but one question for our resolution: Whether Marie Hurdle lost her right to dissent to her husband’s will when she qualified as the personal representative of his estate. The answer is…