White v. Regions Bank

Benham, Justice.

James Curtis Austin, the father of appellant Diane White, died on February 18, 1996. Mrs. White filed a caveat to the petition to probate Austin’s will in probate court on the grounds that the testator lacked the requisite capacity to execute the January 16, 1996, will offered for probate, and that the will was the product of the undue influence of Austin’s grandson and primary beneficiary, appellee Michael “Brad” Austin. Citing undue influence and lack of testamentary capacity, Mrs. White also filed a complaint in superior court in which she sought to invalidate a trust, a…