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Wills, Trusts & Estates Keyed to Gallanis
Estate of Hall
Citation:
51 P.3d 1134 (Mont. 2002)Facts
James Mylen Hall (“Jim”) died on October 23, 1998. At the time of his death, he was 75 years old and lived in Cascade County, Montana. His wife, Betty Lou Hall, and two daughters from a previous marriage, Sandra Kay Ault and Charlotte Rae Hall, survived him. Jim first executed a will on April 18, 1984 (the “Original Will”). Thirteen years later, Jim and Betty’s attorney, Ross Cannon, transmitted to them a draft of a joint will. On June 4, 1997, after making several changes, Jim and Betty apparently agreed on the terms of the Joint Will. At the conclusion of the meeting, however, Jim asked Cannon if the draft could stand as a will until Cannon sent them a final version. Cannon said that it would be valid if Jim and Betty executed the draft and he notarized it. Jim and Betty, therefore, proceeded to sign the Joint Will and Cannon notarized it without anyone else present. When they returned home from the meeting, Jim apparently told Betty to tear up the Original Will, which Betty did. After Jim’s death, Betty applied to informally probate the Joint Will. Sandra objected to the informal probate and requested formal probate of the Original Will.
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