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Wills, Trusts & Estates Keyed to Sterk
Estate of Gibbs
Citation:
111 N.W.2d 413 (1961)Facts
Mrs. Gibbs and Mr. Gibbs, who executed their wills in 1958 and 1960, respectively, each included a 1% bequest to “Robert J. Krause.” Robert W. Krause, a long-time employee of Mr. Gibbs and family friend, claimed that he was the intended recipient, as the named Robert J. Krause was unknown to the Gibbs. Testimony from several individuals, including the Gibbs’ housekeeper, supported that Robert W. Krause was regarded as a close associate and family friend. Despite the discrepancies in the name and address, evidence suggested that Mr. Gibbs intended to leave the bequest to Robert W. Krause. However, Robert W. Krause’s testimony about a chance encounter with a woman he believed to be Mrs. Gibbs did not convincingly explain the will’s bequest, and the confusion arose due to the use of similar names.
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