Sanders v. Brooks

Shirley Brooks petitioned for the probate of Vienna Glover's will; Glover had left all of her estate to Brooks and the will named Brooks as executrix of her estate. C.W. Swader, Jr., Charles W. Lowery, Lee Lowery, and Carolyn Pruitt contested the will, alleging lack of capacity. They also alleged that Brooks had obtained Glover's signature on the will through undue influence and fraud. After an ore tenus proceeding, the probate court held that Glover had lacked sufficient testamentary capacity at the time she executed the will and, thus, denied probate of the will. The probate court appointed…