Harper v. Mason

Robert Mason is the proponent of the lost will of Jessie H. Mason. The trial court held that Jessie did not have the requisite mental capacity when she had attempted to revoke that will and that the copy offered by Robert Mason had been properly proven and should be admitted to probate. The only issue is whether the trial court erred in holding that Jessie had lacked the mental capacity necessary to revoke that will.

The requisites for probating a lost or destroyed will were set out in Barksdale v. Pendergrass, 294 Ala. 526, 529,319 So.2d 267, 269-70 (1975):

"In a proceeding to probate an…