Daniel v. Lipscomb

Blackburn, Judge.

Monica I. Daniel appeals the probate court’s denial of her petition to set aside its order admitting her late mother’s will to probate. The will disinherited Daniel, and was admitted to probate after she executed an acknowledgment and assent to probate which had the legal effect of waiving all her objections to the will. In this discretionIary appeal, Daniel seeks to revoke the probate of the will based upon fraud and mutual mistake of fact in her execution of the acknowledgment and assent.

The facts show that Daniel is the sole heir at law of Bojana J. Crum. Following Crum’s…