Pool v. Estate of Shelby

The majority opinion seriously digresses beyond our established jurisprudence with today’s holding that on its face the “purported revocation” fails to comply with the statutory formalities for the execution of a will. Additionally, the trial court’s findings of testamentary capacity and intent are against the clear weight of the evidence. Accordingly, I respectfully dissent.

First, the established rule of law in this jurisdiction is that the absence of an attestation clause does not destroy the validity of a will, but only changes the proof required to show that the will was signed and…