Abbott v. Foy

JUNELL, Justice.

This is an appeal from a judgment of the probate court dismissing appellant’s contest of the will of Lena Mable Abbott. We reverse and remand.

The testatrix, Lena Mable Abbott, (appel-lee’s mother) died on March 26, 1980. On April 22, 1980, Lillian V. Foy, (appellee) filed an application to probate a will executed by Mrs. Abbott on March 4, 1973. Ms. Foy was the sole beneficiary under the 1973 will which was admitted to probate on May 6, 1980. On April 14, 1982, appellant filed a will contest, alleging that the 1973 will was a forgery, was procured by undue influence and was…