Carlton v. Black

¶39 (dissenting) — I dissent. I would reinstate the trial court’s summary judgment order admitting the 1993 will to probate. This would permit litigation of the real contentious issues, namely whether execution of the 1993 lost will was procured through undue influence and whether Margaret Black had sufficient testamentary capacity. But to refuse to admit this will to probate conflicts with prior cases which have admitted lost wills under more tenuous circumstances.

Sanders, J.

Proving Execution of Lost Will

¶40 Before turning to the ultimate issue of whether to admit the 1993 will to probate, I…