Gifford v. Dyer
Rhode Island Supreme Court
57 Am.Dec. 708 (1852)
Relevant factsFree
Abigail Irish's will left small gifts to her son Robin Gifford's children but left the bulk of her estate to her brother-in-law and nephews, omitting Gifford entirely, since Abigail hadn't heard from him in ten years and believed him dead; she told her will's drafter she would include his name if necessary but specifically wanted his share to go to his children rather than to him. The probate court approved the will.
IssueFree
Whether a will based on a mistake is void if it is clear that the testator's intent would have been the same if there had been no mistake.