Fleming v. Morrison

The Facts

• T wanted to have sex with P
• T had a “fake” will drafted leaving everything to P and told the lawyer (who signed as a witness) drafting it that it was going to be fake.
• T had 2 more witnesses sign the will, and did not tell them the will was to be fake

The Issue

Whether T left a valid will

The Rule

• The anumius testandi must exist when the will is signed or acknowledged before each of the attesting witnesses
The Holding/Disposition
• No

Court’s Reasoning

• T did not have necessary testamentary intent and P failed to prove that he did
• Based ruling on extrinsic evidence

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