Explain should the will be probated

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Reference no: EM131391095

Mamie Henry, a widow, died on October 18. She had no children but was survived by several nieces and nephews. At first no will was found, and Joe Barksdale, a nephew, was appointed administrator of Mrs. Henry's estate.

Later, Rita Pendergrass produced a copy of a will allegedly made by Mrs. Henry. The will left all of Mrs. Henry's property to Mrs. Pendergrass and appointed her as executrix.

When Mrs. Pendergrass sought to have the will admitted to probate, Joe Barksdale and Olen Barksdale filed a contest on the grounds that the purported will was never duly executed, or, if executed, was destroyed by Mrs. Henry prior to her death. Should the will be probated? Explain.

Reference no: EM131391095

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