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Wills, Trusts & Estates keyed to Dobris
Carter v. First United Methodist Church of Albany
Facts
When the decedent died an instrument executed in 1963 was found among her personal papers. It was folded together with a handwritten instrument dated May 22, 1978. The handwritten note was titled her will but it was unwitnessed and unsigned. Pencil marks had been made through several provisions of the 1963 instrument. The decedent had made it known to her attorney that she needed his services in order to change and revise her will and that she had written out some proposed changes on paper. The trial court found that the decedent did not intend to revoke her will be scratching through some of its provisions and writing out the proposed changes on paper. The Caveator contends that the court erred in admitting the will to probate because the Propounder did not produce any evidence to rebut the presumption of revocation.
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