Jones v. Witherspoon

This appeal derives from a will contest tried in the Circuit Court of Madison County. In the county court of that county, Oscar Addison Jones, the husband of a deceased daughter of Mrs. Mary Witherspoon Cole, filed a paper alleging it to be the holographic will of his mother-in-law. Ross Witherspoon, the brother of the alleged testatrix, thereupon filed notice of contest and the cause was then certified to the circuit court for trial of the issue devisavit vel non.

The holograph offered for probate appears as a paragraph of script at the bottom of a sheet of paper on which a will and codicil…