In Re Estate Of Rigsby

843 P.2d 856 (1992)

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Nature of the Case

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Facts

The document was found by the surviving spouse, Don Rigsby, folded together in a ledger, but not otherwise fastened to each other. Both pages are written in the hand of the Decedent and are initialed and dated at the top of each page with the same date. One page was signed at the bottom of the writing, leaving approximately two and one-half inches below it blank. The parties agree the signed page, exhibits testamentary intent, beginning: 'Inasmuch as I do not have a will, I would like to make the following arrangements in the event of my death.' The second page, just as the other, is not numbered and does not refer to the first in any way. This page is a simple list of personal property, with each item followed by the name of an individual. Although this page is initialed at the top, it is not signed. The court found that both pages were in the handwriting of the Decedent, with the exception of a notation on each page. The Court found the page exhibiting testamentary intent to be signed by the Decedent, and found the other page lacked indicia of testamentary intent. The Court found that neither page referred to the other. The trial court concluded the signed page was a Holographic Will of the Decedent, and that it met the three statutory requirements of a holographic will: (1) completely in the handwriting of the Testator; (2) dated; and, (3) signed by the Testatrix. The trial court concluded the alterations or erasures did not invalidate the Will, as the marks were not made at the Testator's direction and the intent of Testator remained evident. The court held that the remaining page was not incorporated by reference into the Will, nor did it meet the requirements for a Codicil. As a result, the trial court admitted the page signed by the Testator and refused to admit the other page to probate. P appealed.