In Re Tipler's Will

10 S.W.3d 244 (1998)

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Nature of the Case

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Facts

Gladys executed a formal will on April 2, 1982. James, her husband, got the bulk of her estate if he survived her. Two days later, Gladys executed a holographic codicil to the formal will. The codicil indicated that if James predeceased Gladys, his last will and testament would control the disposition of her estate. At the time the codicil was executed, James had not yet executed a will. James died in 1990. His will, executed six months prior to his death, created a trust for Gladys and directed that upon her death the property be distributed to his relatives. The beneficiaries under James' will (Ps) sought enforcement of the codicil. Gladys' heirs (D), who would otherwise take under the Tennessee intestacy statute argued that the codicil should not be enforced because it referred to a document not yet in existence. The trial court found that the issue of incorporation by reference was not applicable because James’ will was not in existence at the time Gladys’ codicil was written. The then applied the doctrine of facts of independent significance. The court held for Ps and Ds appealed.