Nowlin v. Spakes

Lyle Brown, Justice.

Appellant Mary Nowlin challenged the validity of the will purportedly executed bv her son and which named his sister, appellee Pauline Spakes, as his sole beneficiary. At the conclusion of appellant’s case the court sustained appellee’s demurrer to the evidence. Appellant contends that the demurrer should have been overruled because she made a prima facie case supporting her allegations of incompetency, undue influence, and execution of the will contrary to statutory requirements.

The testator, Allen Nowlin, died in August 1969. For a number of years he suffered from…