Irene Phelps Terry v. Henry Vick Phelps, III

LEE, C.J.,

for the Court:

¶ 1. This appeal arises from the validity of Dorothy Cole Phelps’s will. Dorothy’s three daughters, Helen Carolyn Phelps May (“Carolyn”), Irene Cole Phelps Terry (“Irene”), and Mary Ellen Vick Phelps Do-min 1 (‘Vicki”) filed a petition to contest probate of Dorothy’s will. They claimed that Dorothy lacked testamentary capacity and was unduly influenced by her son, Henry Vick Phelps III (“Henry III”). The chancellor found that the will was valid and should be admitted to probate. From this, Irene and Vicki appeal arguing the chancellor erred in finding: (1) Dorothy had…