Background

• Luke Beard executed a written will in 1987 leaving property to his grandson Antonio and naming his daughter Diane executrix; the will was witnessed by Robert E. Jones, Sr. and Robert E. Jones, Jr.
• The will’s date was corrected from January to February; Luke died in 2001. Diane opened estates after his death and obtained title to 32 acres; Antonio did not learn of the will for many years.
• Antonio discovered the will in 2003 but did not act until 2018, when he petitioned to probate the will; both attesting witnesses were deceased by the time of trial (Jones, Jr. died after the petition was filed).
• At trial Antonio and Diane each said the testator’s signature appeared genuine; an attorney witness authenticated the signature of Jones, Jr. but not the signature of Jones, Sr.
• The chancery court dismissed Antonio’s petition for failure to prove due execution; the Court of Appeals reversed, holding that proof of the testator’s handwriting and one attesting witness sufficed; the Mississippi Supreme Court granted certiorari.
• The Supreme Court held that when no subscribing witness is available to testify, the proponent must prove the testator’s handwriting and the signatures of at least two subscribing witnesses; because Antonio proved only one witness signature, the dismissal was affirmed.

Issues

Key Cases Cited

• Willis v. Willis, 207 So. 2d 348 (Miss. 1968) (holds that where attesting witnesses are deceased, proof of two witnesses' signatures is required to prove due execution)
• Gaston v. Gaston, 358 So. 2d 376 (Miss. 1978) (relied on Willis to find insufficient proof where signatures of attesting witnesses were not authenticated)
• Williams v. Morehead, 77 So. 658 (Miss. 1918) (explains that if attesting witnesses cannot testify, proponents may prove the testator's signature and the genuine signatures of at least two witnesses to probate the will)