ESTATE OF GONZALEZ 855 A.2d 1146 (2004) CASE BRIEF

ESTATE OF GONZALEZ

855 A.2d 1146 (2004)

NATURE OF THE CASE: Todd and Alison Gurney appealed from a judgment of the Probate Court finding that the will of Fermin Gonzalez was a valid holographic will. The Gurneys contend that material provisions of the will were not handwritten, and therefore it was not a valid holographic will.

FACTS: Gonzalez visited his brother, Joseph, and Joseph's wife, Elizabeth. He was planning to fly to Florida, and he wanted to prepare his will before he left. Gonzalez showed Elizabeth and Joseph two copies of a preprinted will form. On the first copy of the form, Gonzalez had handwritten his testamentary wishes. Elizabeth testified that he had already filled out the form by the time she saw it, but that she did see him sign the document. The document was signed by Gonzalez, but not by any witnesses. Several phone numbers and other notes appear to be written in the margins of the document. Gonzalez also had a blank form. Elizabeth testified that Gonzalez was planning to copy the information neatly onto the blank form, and that he asked Elizabeth, Joseph, and his mother to sign the blank form as witnesses. They signed the blank document. Gonzalez suddenly died on August 22, 2001. Three of Gonzalez's daughters, Kerry Gonzalez, Tara Gonzalez Grenon, and Kristin Gonzalez petitioned to probate the will. Todd and Alison Gurney, who are also Gonzalez's children, moved for a summary judgment, arguing that the will was not a valid holographic will. The Probate Court found that the will was a valid holographic will. The hand written language independently evidences his intent, when he completed his will, to include the printed language on the form he utilized to create his will, so as to give the will greater clarity. The decedent's insertion of the hand-written material or material provisions in the blank spaces implicitly adopted and incorporated the printed text on the form and converted the form into a more clear will. It would appear illogical to conclude that the handwritings did not fulfill that apparent purpose. This appeal resulted.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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