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Brown v. Brown

Some evidence supported the probate court's finding that the testator's signature on the will was a forgery.

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Florrie Brown, the executrix of Bobby Brown’s purported last will and testament, appeals the DeKalb County Probate Court’s order denying probate of the purported will. The probate court, acting as the finder of fact, found that Bobby Brown’s signature on the will was a forgery. Because the probate court’s finding is not clearly erroneous, we affirm. Upon the petition of Florrie Brown, the named executrix, Bobby Brown’s will was probated in common form.1 Subsequently, Lori Brown, Bobby’s estranged wife, filed a petition to compel the propounder to file for probate in solemn form, which the probate court granted. Lori Brown and Chansity Brown, Bobby’s daughter, filed caveats to the solemn form probate petition.

1. During trial, Lori Brown testified about her familiarity with Bobby Brown’s signature and the differences between his true signature and the signature on the will. Lori Brown also presented the testimony of a handwriting expert, who compared the signature on the will to Bobby Brown’s known signatures and confirmed that the signature on the will was a forgery.

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