Smith v. Welch

John I. Purtle, Justice.

Two wills were presented to the Jefferson County Probate Court to determine which of the two instruments was the last will and testament of Lamar Cannon, decedent. One will was dated October 13, 1977, and designated Shirley Smith, appellant herein, as primary beneficiary and executrix. The other will was dated October 26, 1978, and designated Mildred Horton as beneficiary and executrix. The probate court admitted the will dated October 26, 1978. Appellant brings this appeal.

We think the trial court was in error in admitting the will of October 26, 1978, and should have…