Wills, Trusts & Estates Law
Most recent CASE briefs
- T and W intended to make execute mutual wills at a common execution ceremony
- Each, by mistake, executed the will of the other
- No other issues w/ execution of wills
- No issue as to T’s testamentary capacity
- Other than differences ...
- H died Feb. 1957
- W died Oct. 1951
- Will for W from 1949 was signed by H
- H and W had hired a lawyer to draw their wills and each wished to leave their property to the other
- By mistake W signed H’s will and H signed wife’s will...
- T’s friend was granted a bequest under T’s will and he was also an attesting witness
- T’s son was an attesting witness and also a beneficiary who took a smaller testate portion than his intestate portion would have been
- 3rd witness does ...
- Ds took T to bank to execute will in May 1996.
- T had Pauley (bank employee and notary) witness execution of will
- Pauley took will to 2 other bank employees (Waldron and McGinn) to sign the will as witnesses
- Both W and M signed will
- T died 3 years after executing a will at the home of the Blocks
- Widow challenged validity of execution
- If it was valid, W would have to share the estate
- If it was invalid, W would take entire estate by intestacy