Pope v. Clark

JONES, Justice.

This will contest case presents the issue whether a document bearing the signature of one witness is subject to probate as a valid will pursuant to Alabama’s Uniform Probate Code (Ala. Code 1975, § 43-8-1 et seq.).1 We hold that the document is not a valid will and, therefore, is not subject to probate.

The appellants are daughters of the deceased (Mary Helen Clark), and the appel-lee is the deceased’s son and the administrator of her estate. While Mrs. Clark was hospitalized in May 1988, she dictated a will to an employee of the hospital. The will was typed and given back to…