Mildred Rowell died on August 6, 1989. She was 65 years old and a widow, and she possessed a 10th-grade education. She was survived by seven children. On December 21, 1989, one of the children, Evelyn Hollingsworth, filed a Petition for Letters of Administration, alleging that her mother had left no will and asking that she be named administratrix of her mother’s estate, which she subsequently was. On February 6, 1990, another daughter, Kathey Amyotte, filed a Petition for Probate of Will. She alleged that her mother had left a holographic will, handwritten on two sides of one sheet of paper. 

The will began, “I Mildred Rowell of Route 2 Box 210 Vossburg Miss 39366 of Clark County Mississippi, being of sound and disposing mind and memory, do hereby make, ordain, publish and declare this instrument to be my last will and testament. . . .” The purported will left most of the property either to her two sons or to Kathey’s son (Mildred’s grandson). It was not signed at the end of the document. At a hearing, Paul Rowell testified that his mother had given him a blue plastic folder approximately two years before her death and asked him to keep it for her. A few days after she died, Paul examined the folder and found the holographic will, which appeared to be fairly accurate as to Mildred Rowell’s possessions. Mildred’s sons and Kathey testified that they were familiar with their mother’s handwriting and that the will had been written by her. 

The other sisters sought to dismiss the Petition on the grounds that the will had not been subscribed as required by statute. The Mississippi Code sets forth the following requirements for execution of wills: “Who may execute, Every person eighteen (18) years of age or older, being of sound and disposing mind, shall have power, by last will and testament, or codicil in writing, to devise the estate . . . and personal estate of any description whatever, provided such last will and testament, or codicil, be signed by the testator or testatrix, or by some other person in his or her presence and by his or her express direction. Moreover, if not wholly written and subscribed by himself or herself, it shall be attested by two or more credible witnesses in the presence of the testator or testatrix.” Was the document handwritten by Mildred Rowell a valid holographic will?