Britt v. Upchurch

FRYE, Justice.

The issues presented in this appeal are whether the Court of Appeals erred (1) in holding that the affidavit of the attorney who drafted the testator’s will was admissible at trial to show the testator’s intent; and (2) in reversing the trial court’s grant of summary judgment for plaintiff. We conclude that the trial court was correct in refusing to consider the affidavit and in granting summary judgment for plaintiff. We therefore reverse the decision of the Court of Appeals.

Walter Hartman, the father of plaintiff, executed his will on 12 March 1979. At that time Mr. Hartman…