Windham v. Pope

This is a will contest. O.W. (Osmie) Pope died on September 16, 1982. His wife had died about ten months prior to his death. He had no children. One of Osmie's nieces, Cindy Crosby Windham, filed a petition seeking to have his last will and testament probated. After the will was admitted to probate, one of Osmie's brothers, Luico Pope, filed a petition for removal of the estate proceedings to circuit court and filed a contest of the will. The complaint alleged that the testator lacked testamentary capacity to make a will, that the will was not properly executed, and that the will was the…