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