Nancy Walker executed a will in 2011, leaving personal property to her stepchildren and sister, Beatrice Land, and specific real property to Beatrice. In 2020, Nancy executed a new will and a deed, leaving the same property to her stepgranddaughter, Magen Grimes, and Magen's husband, Joseph Culpepper. Nancy died three weeks later. Beatrice contested the validity of the 2020 will and deed, claiming Nancy lacked testamentary capacity and was under undue influence.
The Russell Circuit Court held a jury trial, which found the 2020 will and deed invalid. The court entered a judgment on the jury's verdict and denied post-judgment motions from the proponents of the 2020 will and deed. Beatrice's request for costs incurred in challenging the will was also denied.
The Supreme Court of Alabama reviewed the case. It affirmed the circuit court's judgment invalidating the 2020 will, finding sufficient evidence that Nancy lacked testamentary capacity. However, it reversed the judgment invalidating the 2020 deed, citing jurisdictional limitations. The court also reversed the denial of Beatrice's request for costs and remanded the case for further proceedings to determine the amount of costs and attorney fees, and who should pay them. View "Boykin v. Land" on Justia Law
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