Brown v. Brown
Alabama Court of Civil Appeals
21 So. 3d 1 (2009)
Relevant factsFree
R. B. Brown executed a will in 1957; after his death in 2007, his wife Emily (plaintiff) petitioned to probate that will. Their son A. J. Brown (defendant) contested it, pointing to a 2006 "Revocation of Last Will and Testament" in which R. B. stated he revoked all prior wills and intended "to die without a will," and petitioned to probate that revocation document instead. The circuit court granted Emily summary judgment, and A. J. appealed.
IssueFree
Whether, if state law does not allow a will to be revoked by "some other writing," a document that does not conform to testamentary formalities can effectively revoke a prior will.