Estate of Griffith

30 So.3d 1190 (2010)

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Estate of Griffith

Mississippi Supreme Court
30 So.3d 1190 (2010)

Facts

Garland Griffith (defendant) filed a petition to probate the purported will of his brother, Howard Griffith. The purported will, an attached certificate, and an affidavit of attesting witnesses were all signed by witnesses Eric M. Scott and Patrick O. Bell. The affidavit of attesting witnesses was also signed by a notary. Howard’s sons, Jimmy L. Griffith and Jerry H. Griffith (sons) (plaintiffs) filed a caveat against probate, arguing that the purported will had not been properly witnessed and was therefore not valid. During the probate proceedings, Scott and Bell filed new affidavits with the court stating that they had not realized they were witnessing a will but instead thought that they were witnessing a power of attorney. At a hearing, both Scott and Bell testified that they had signed the purported will as witnesses but that no one had informed them of what they were signing, that they did not realize they were signing a will, and that if they had been informed that the document was a will, they would have refused to sign it. Garland presented no evidence to rebut the testimony of Scott and Bell. The probate court rejected Garland’s petition to probate Howard’s purported will, and Garland appealed.

Rule of Law

Issue

Holding and Reasoning (Lamar, J.)

Dissent (Pierce, J.)

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