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· 3/19/2020

In Re Estate of Glenn Allen Atkins

Syllabus

In this estate proceeding, the original petitioner, an adult child of the decedent, filed a petition for letters of administration, averring that the decedent had died intestate. The trial court initially granted the petition, designating the petitioner as the personal representative of the decedent's estate. The decedent's surviving spouse subsequently filed a petition requesting the trial court's acceptance into probate of a holographic will, purportedly executed by the decedent, which the surviving spouse presented to the court. The original petitioner and another adult child of the decedent then filed motions contesting the validity of the holographic will. Following a bench trial, the trial court found the holographic will to be valid, accepted the will into probate, and named the surviving spouse as the personal representative of the decedent's estate. The adult children contesting the holographic will have appealed. Discerning no reversible error, we affirm.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • where a motion for a new trial raises disputed facts, a court errs by vacating the judgment without hearing testimony

Source: CourtListener parenthetical corpus (CC0).

Judges: Judge Thomas R. Frierson, II

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