Stinnett v. Stinnett

ADAMS, Justice.

This case involves the will of Forrest Stinnett, Sr. The appellant contends that the circuit court erred in ruling that the five-year statute of limitations for probating the will was tolled. We disagree, and we affirm the ruling of the circuit court.

The appellee, Charles Stinnett, offered his father’s will for probate in November 1986, approximately 13 years after Forrest Stinnett, Sr.’s death in 1973. Testifying before the judge ore tenus, Charles Stin-nett claimed that he did not know about the will until November 5, 1986, one day prior to the death of his mother, Pauline…