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Estate of Gonzalez

Maine Supreme Judicial Court

855 A.2d 1146 (2004)

Relevant factsFree

Gonzalez completed and signed a preprinted form will listing his property and intended recipients in his own handwriting, witnessed only by his sister-in-law, but a second blank form will he intended to later copy the same information onto was instead signed by additional witnesses before he could complete it, and he died before ever finishing that second, properly attested form; three of his children (defendants) sought to probate the completed but unattested first will, while the two excluded children (plaintiffs) argued the handwritten portions alone didn't express valid testamentary intent as a holographic will.

IssueFree

Whether, if a holographic will is partially handwritten and partially preprinted, the preprinted text must be ignored in determining the decedent's testamentary intent.

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