Williams v. Koontz

J. LeVelle Williams appeals from the trial court’s order admitting the will of her aunt, Ethel Polk Smith, to probate. She contends the will was not properly executed. We consider whether the testimony of one of three witnesses to a will can overcome the presumption of validity created by a proper attestation of the other two. The testimony of the third witness in this case called into question only his own participation in the execution ritual. No issues were raised about the participation of the nontestifying witnesses. Under the circumstances of this case, though we find that the trial…