Norwood v. Sellers, No. CA08-952.
In 2003, Jeannie Rodgers signed as one of the attesting witnesses on the last will and testament of Thomas Norwood. In 2006, Rodgers signed an affidavit stating that (1) she had been a subscribing witness to the will, (2) Norwood asked her to sign the will, and (3) she signed the will in Norwood’s presence. However, in 2007, Rodgers testified at a hearing that (1) there were no other signatures on the will when she signed it, (2) Norwood never told her that it was his will, (3) Norwood never acknowledged his signature on the will, (4) she did not see Norwood or other other witness at the time she signed the will, and (5) she believed she was signing a loan. The trial court accepted Norwood’s 2007 testimony and refused to probate the will. On appeal, the Arkansas Court of Appeals affirmed the trial court’s ruling, noting that substantial compliance with the other requirements for a valid will cannot overcome positive proof that one of the witnesses did not see the testator sign or acknowledge the will.
