Gibbs v. Gibbs

In this will contest we consider whether the trial court properly instructed the jury on the burden of proof and the standard of proof required to establish testamentary capacity.

Nancy Louvina Bodwell’s will, dated March 18, 1975, was admitted to probate on December 27, 1985. In June of 1986, Ms. Bodwell’s brother, appellee Forrest D. Gibbs, sought to establish the authenticity of a later will purportedly executed by Ms. Bodwell on October 14, 1978, revoking all previous wills.

Of the named defendants 1 in Forrest’s petition, all of whom were beneficiaries under the 1975 will, only Samuel and…