Thomas v. Harper

Jordan, Justice.

Caledonia Stokes executed her will on December 7, 1964, leaving all of her property to her husband for life with remainder over to her cousin Alfred Thomas, the appellant. She died on July 12,1965, leaving her husband Dan Stokes as sole heir and in possession of the property. Before her funeral the will was opened and read in the presence of Dan Stokes and the appellant. Agreeing that they "could handle the situation together all right,” the will was returned to a trunk until it was offered for probate some 5 1/2 years later on December 6, 1971.

In the meantime on February 7,…