In Re Estate Of Horton

925 N.W.2d 207 (2018)

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Nature of the Case

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Facts

Duane committed suicide at the age of 21. Before he committed suicide, he left an undated, handwritten journal entry. There is no dispute that the journal entry is in decedent's handwriting. The journal entry stated: I am truly sorry about this . . . My final note, my farewell is on my phone. The app should be open. If not look on Evernote, 'Last Note[.]' The journal entry also provided an e-mail address and password for Evernote. The entry was a typed document that existed only in electronic form. His full name was typed at the end of the document. Obviously, no portion of this was in decedent's handwriting. The document contained apologies and personal sentiments directed to specific individuals, religious comments, requests relating to his funeral arrangements, and many self-deprecating comments. The document also contained one full paragraph regarding the distribution of decedent's property after his death: Have my uncle go through my stuff, pick out the stuff that belonged to my dad and/or grandma, and take it. If there is something he doesn't want, feel free to keep it and do with it what you will. My guns (aside from the shotgun that belonged to my dad) are your's to do with what you will. Make sure my car goes to Jody if at all possible. If at all possible, make sure that my trust fund goes to my half-sister Shella, and only her. Not my mother. All of my other stuff is you're do whatever you want with. I do ask that anything you well, you give 10% of the money to the church, 50% to my sister Shella, and the remaining 40% is your's to do whatever you want with. 'Anything that I have that belonged to either Dad or Grandma, is your's to claim and do whatever you want with. If there is anything that you don't want, please make sure Shane and Kara McLean get it.' In a paragraph addressed to his half-sister, Shella, decedent also stated that 'all' of his 'money' was hers. During decedent's lifetime, he was subject to a conservatorship, and Guardianship & Alternatives, Inc. served as his court-appointed conservator. GAI filed a petition for probate and appointment of a personal representative, nominating itself to serve as the personal representative of decedent's estate. It maintained that the electronic note qualified as decedent's will. Jones filed a competing petition alleging that decedent died intestate and that she was decedent's sole heir. The court concluded that GAI presented clear and convincing evidence that decedent's electronic note was intended to constitute his will. Jones appealed. Jones argues that the decedent's attempt to make a holographic cannot be used to create a will when the document in question meets none of the requirements for a holographic will.