Estate & Last Will & Testament of Rutland v. Rutland

MYERS, P.J.,

for the Court.

¶ 1. Willie Ray Rutland died on January 80, 2005, at the age of seventy-three. Willie Ray had never married and had no children. On February 28, 2005, his “double first” cousin William Calvin Rutland (Calvin) offered a January 18, 2002, will for probate that named him as executor and Diane Rutland Nations, Willie Ray’s niece, as sole beneficiary. On May 19, 2005, Rickie Dale Rutland and Todd Rutland, nephews of Willie Ray, filed a petition to set aside the 2002 will. Rickie and Todd also offered for probate a February 13, 1989, will that left Willie Ray’s real…