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Wills, Trusts & Estates Keyed to Gallanis
Gilbert v. Gilbert
Citation:
652 S.W.2d 663 (Ky. Ct. App. 1983)Facts
Frank Gilbert died testate on June 5, 1979. Two writings were offered for probate: an eight-page typewritten instrument and the holographic instrument. The codicil was written on the back of a business card and on the back of one of Frank’s pay stubs. On the back of the business card, Frank wrote: “12/8/78 Jim and Margaret I have appro $50,000.00 in Safe. See Buzz if anything happens [signed] Frank Gilbert”. On the back of the pay stub, Frank wrote: “Jim & Margaret $20,000.00 the Rest divided Equally the other Living Survivors Bro. & Sisters [signed] Frank Gilbert 12/8/78”. Written on the envelope is the following: “This day 12/8/1978 I gave to Jim and Margaret this card which I Stated what to do”. “Jim and Margaret” are James Gilbert (one of the appellees) and Margaret Gilbert, brother and sister-in-law, respectively, of Frank Gilbert, the testator.
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