For Your Data Estate Of Gonzalez Illustration Brief
July 21, 2020
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Estate of Gonzalez case brief summary
855 A.2d 1146 (2004)
CASE FACTS
The decedent had filled inwards for certain blank spaces inwards a preprinted volition degree amongst diverse bequests. He as well as hence signed the form. The trial courtroom establish this to pick out been a valid holographic will. The volition did non qualify equally a volition nether Me. Rev. Stat. Ann. tit. 18, § 2-502 (1998) because it was non signed past times whatever witnesses. The children argued that the volition was non a valid holographic volition because a fabric provision of the will-evidence of testamentary intent-appeared inwards the preprinted component division of the document, as well as was non handwritten. They maintained that the handwritten words were a listing of what the decedent wanted to produce amongst his property, exactly the handwritten words did non dot that the conveyances were testamentary inwards nature.
DISCUSSION
CONCLUSION
The judgment was affirmed.
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855 A.2d 1146 (2004)
CASE SYNOPSIS
Appellee beneficiaries of a holographic volition petitioned to probate the will. Appellant children of the decedent moved for summary judgment, arguing that the volition was non a valid holographic will. The York County Probate Court (Maine) denied the motion, as well as establish that the volition was a valid holographic will. The children appealed.CASE FACTS
The decedent had filled inwards for certain blank spaces inwards a preprinted volition degree amongst diverse bequests. He as well as hence signed the form. The trial courtroom establish this to pick out been a valid holographic will. The volition did non qualify equally a volition nether Me. Rev. Stat. Ann. tit. 18, § 2-502 (1998) because it was non signed past times whatever witnesses. The children argued that the volition was non a valid holographic volition because a fabric provision of the will-evidence of testamentary intent-appeared inwards the preprinted component division of the document, as well as was non handwritten. They maintained that the handwritten words were a listing of what the decedent wanted to produce amongst his property, exactly the handwritten words did non dot that the conveyances were testamentary inwards nature.
DISCUSSION
- The appellate courtroom held that printed portions of a volition degree could last incorporated into a holographic volition where the trial courtroom establish a testamentary intent, considering all of the evidence.
- The preprinted portions of the degree at lawsuit stated testamentary intent, as well as because the blanks inwards those portions were filled inwards past times the decedent's handwriting, they became a valid disceptation of testamentary intent sufficient for a holographic will.
CONCLUSION
The judgment was affirmed.
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