Ward-Allen v. Gaskins

989 A.2d 185 (2010)

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Nature of the Case

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Facts

Anna executed a will which contained eighteen items. On August 11, 1995, Anna executed a codicil to the 1992 will, explicitly revoking Items VI, XIII, and XIV. Anna ratified, confirmed, and republished her 1992 will 'in all respects except as altered or modified by this First Codicil thereto.' Anna died on December 15, 2001. Five years later, P filed a petition for standard probate in which she sought appointment as Anna's personal representative. P attached the 1992 will and a copy of the 1995 codicil to her petition. In June 2008, two of Anna's nieces, Lettie Gaskins and Jessie Marie Davis (Ds), filed objections to admission of the 1995 codicil and P's petition for standard probate; P had filed a copy of the 1995 codicil, instead of the original, with the register of wills. The trial judge sustained the objections as to what happened to the original copy. The judge admitted the 1992 will to probate. The court also appointed D as personal representative. P appealed.