IN RE ESTATE OF HALL 51 P.3d 1134 (2002) CASE BRIEF

IN RE ESTATE OF HALL

51 P.3d 1134 (2002)

NATURE OF THE CASE: Ault (P), daughter of the decedent, appealed a judgment admitting the decedent's and his wife's joint will to probate.

FACTS: Jim died on October 23, 1998. He was 75 years old. His wife, Betty, and two daughters from a previous marriage, Sandra Kay Ault ('Sandra') and Charlotte Rae Hall (' Charlotte'), survived him. Jim executed a will in 1984. Thirteen years later, Jim and Betty's attorney transmitted a draft of a joint will. Both met at the attorney's office to discuss the draft on June 4, 1997. They agreed upon the terms after a few changes and were prepared to execute a final will. Jim asked the attorney if the draft could act as the will until the final version was completed. The attorney told them to sign and he would attest and notarize it and it would be valid. They did so. No one was in the office to service as an attesting witness. Upon Jim's request, Betty tore up the original will. Jim died and Betty applied to probate the Joint will. P objected and requested a formal probate. The judge heard the will contest and P lost. P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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