Commission admits 2018 Mellon will in solemn form after testimony and attorney confirmation

Hampshire County commissioners voted unanimously Tuesday to admit a 2018 last will and testament in solemn form for the estate of Elizabeth Mellon after hearing sworn testimony from family members and counsel and reviewing a certified statement from a niece.

The action resolves a dispute in which an objector alleged a later will or revocation; the commission concluded the record did not show a valid revocation before probate and admitted the 2018 document.

What commissioners heard

Attorney Kevin Judy, representing the proponent of the 2018 document, asked the commission to probate the will that was drafted in February 2018 and presented by a local attorney. Sherry Schaeffer (identified in the record as an objector) testified under oath that her grandmother had at one point burned a set of papers in 2019 that she believed were not what the decedent intended. She also submitted a certified letter from Patsy Dodson saying the decedent had discussed a change in 2023 to grant life estate rights to a son, then to Schaeffer and her children.

Judy told the commission he had contacted the drafting attorney, William (Will) Keaton, who told him that in December 2023 the decedent and a son visited Keaton’s office but declined to change the will after Keaton explained the existing terms already produced the proponent’s intended effect.

Commission review and legal standard

Commissioners framed their role as weighing whether the proponent presented clear evidence of the decedent’s last testamentary intention and whether the 2018 will had been revoked. The record included: the 2018 will produced by counsel, sworn testimony from Schaeffer about burning the earlier draft in 2019, a certified letter from Patsy Dodson dated Sept. 29, 2025, and counsel’s statement recounting conversation with attorney Keaton about a December 2023 meeting.

Outcome

Based on the record as presented at the hearing, the commission found insufficient evidence that the 2018 will had been revoked. Commissioner Mance moved to admit the 2018 instrument in solemn form; Commissioner Brill seconded. The motion passed unanimously.

What the ruling means

Admitting a will in solemn form allows the probate process to proceed under the terms of that instrument; it does not, by itself, resolve potential later litigation in a circuit court if a party seeks further review.

Authorities and evidence cited

- 2018 last will and testament (drafting attorney: William Keaton) — produced for the hearing
- Certified letter from Patsy Dodson, niece of Elizabeth Mellon (dated 2025-09-29)

Ending

The commission entered the probate action outcome into the record and moved on to other agenda items.