Week 7

Question 1

What is Williams v. Towle about?

Facts?

Argument against?

Answer 1

Holographic will where signature was just “last will of ‘Homer Williams’” in his handwriting

Not a final document; no deliberate signature

Question 2

What was In re Estate of Kuralt about? (2)

Facts?

Issue? (2)

Holding? (2)

Rationale?

Answer 2

Holographic wills; Codicils

Kuralt executed a will disposing his real property to his wife and children. Two weeks before his death, Kuralt wrote a letter to his mistress, Elizabeth Shannon, expressing his desire that she inherit a specific item of real property. Shannon attempted to probate the letter.

Does a letter indicating that the testator will take actions to ensure that a beneficiary will inherit property expresses present testamentary intent or a future intent to make a will?

Is a document that does not dispose of the testator’s entire estate a codicil?

Present testamentary intent; Yes

Kuralt’s 1997 letter to Shannon expressed testamentary intent, not a future intent to create a will. The facts show the testator was sick at the time of writing the letter and died two weeks later. The testator was close to death when he wrote the letter and used the word, “inherit.” He conveyed a minor part of the parcel to the beneficiary during the last few months of his life and became suddenly ill while in the process of conveying the remaining portion of the land to the beneficiary. The testator shared a long close relationship with the beneficiary before his death. He supported her financially during her lifetime and enclosed two checks along with the letter. //// The 1997 letter is a codicil to his will because the testator only disposed of his remaining ownership interest in the Montana property and did not dispose of his entire estate

Question 3

Do codicils have to follow holographic will requirements?

Answer 3

Yes

Question 4

What is a duplicate will?

Answer 4

Two originals; neither is better than the other; not a photocopy

Question 5

What did the court do wrong in In re Estate of Kuralt?

Answer 5

Talked about wrong legal inquiry: should be talking about “did he want this letter to be a will?”, not “did he want this property to be disposed in this particular way?”

Question 6

What is the statute on extrinsic evidence?

What is extrinsic evidence admissible to do? (2)

Answer 6

6111.5

1. to determine whether a document constitutes a will pursuant to Section 6110 or 6111
2. to determine the meaning of a will or a portion of a will if the meaning is unclear