Burdette v. Burdette

Appellants, William L. Burdette, Mary M. Vincent and Patrice R. Robinson appeal from an order admitting to probate the will of decedent dated September 25, 1993 (the 1993 will) which had been filed by Gloria Grace Burdette II (hereinafter, petitioner). Appellants argued that (1) the 1993 will was not duly executed, (2) the decedent lacked testamentary capacity, and (3) the decedent executed the will as the result of undue influence. It was thus appellants’ position that the 1993 will should have been denied probate and an earlier will, dated September 22, 1992 (the 1992 will), should have been admitted to probate as the decedent’s last will.

We have reviewed this record and have concluded that petitioner presented sufficient evidence of due execution and that the trial court did not err in admitting the statement of one of the subscribing witnesses, which was in the form of a transcript of sworn testimony given in Florida where such witness resided. We therefore will affirm the trial court’s order admitting the 1993 will to probate.

Factual and Procedural Background

As already indicated, the decedent left two wills, one executed in 1992 and one in 1993. Essentially,…