Wilkins v. Price
2012 Miss. LEXIS 580
Miss.2012Background
- Lela W. Holmes executed a will in 2001 that is before the court; prior wills (2002, 2003) were nullified by chancery or this Court; two subscribing witnesses testified they did not know they were witnessing a will and did nothing to assess Lela's mental capacity; after Lela's death, Bertha Holmes-Price sought probate in solemn form and Contestants challenged the witnesses' qualifications; the chancellor admitted the will to probate, and the issue was framed as whether the witnesses satisfied the statutory requirements for attesting witnesses.
- The two subscribing witnesses were Sue Chawla and Jennifer Delaney; Chawla signed the proof of will years after execution and testified she was told to witness by Delaney, not by Lela; she did not speak with Lela beforehand and could not identify the writing as a will or confirm Lela had sound mind.
- Delaney testified she did not know Lela prior to signing, did not observe Lela's understanding, and did nothing to determine Lela's mental state; she believed the notary asked her to witness, and she could not confirm Lela actually signed the will.
- The chancellor admitted the will to probate in solemn form; the court of appeals focused on whether the witnesses met all attesting requirements rather than other contest issues.
- This Court held that the witnesses failed to meet the attesting requirements, the chancellor abused discretion, and the will should be invalidated and probate denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the subscribing witnesses met the statutory attesting requirements | Contestants argue witnesses failed | Proponents argue witnesses complied | Will invalid; chancellor erred |
Key Cases Cited
- Webster v. Kennebrew, 443 So.2d 850 (Miss. 1983) (admonitions for subscribing witnesses and execution ceremonies guidance)
- Green v. Pearson, 110 So. 862 (Miss. 1927) (necessity of observing testator and privacy in signing)
- Matter of Jefferson's Will, 349 So.2d 1032 (Miss. 1977) (attestation requirements and guardians of testamentary intent)
- Estate of Griffith v. Griffith, 30 So.3d 1190 (Miss. 2010) (concern about witnesses' memory of execution affecting probate)
- Smith v. Smith, 188 So. 305 (Miss. 1939) (jury issue on attestation when testator's declaration to witness is absent)