Estate of Black v. Clark

ROBERTS, J.,

for the Court:

¶ 1. Carl Black executed two wills, one in 2007 and another in 2009. The 2009 will expressly revoked all prior wills. Carl passed away, and one of the devisees of the 2009 will, his stepson, Jerry Clark, petitioned the Winston County Chancery Court to probate the 2009 will. Carl’s sister-in-law, Ida M. Black, counterclaimed, arguing she was wrongfully excluded from the 2009 will. Ida asserted the 2007 will should be given effect over the 2009 will. Jerry filed a motion to dismiss Ida’s counterclaim, and after a hearing, the chancery court granted Jerry’s motion to…