Burton v. Burton

This appeal challenges the taxing of costs in a will contest.

E. L. Burton executed his will on September 23, 1993. He died on September 3, 1995. On December 14, 1995, his widow, Beatrice E. Burton, filed a petition for probate of the will. On May 28, 1996, Mr. Burton's daughter, Paulette Burton, an incompetent adult, acting by and through her guardian ad litem, filed a motion contesting the admission of the will for probate.

On November 22, 1996, the Mobile County Probate Court entered a judgment that, among other things, admitted the decedent's will for probate and taxed the costs of the…