In re Probate of Will and Codicil of Macool

After her husband's death, Louise Macool (Macool) visited her attorney, Kenneth Calloway (Calloway), with handwritten notes reflecting her wish to change her existing will to add her niece, Mary Rescigno (Rescigno), as a beneficiary and keep her home in the family, with Rescigno's daughter and grandchildren as contingent beneficiaries. Calloway prepared a draft will based on that conversation — substantially similar to Macool's notes but omitting her grandchildren as residual beneficiaries — expecting Macool to return to review it, but Macool died before doing so. Macool's earlier 1995 will and 2007 codicil were admitted to probate instead, and Rescigno sued to invalidate them and admit the unreviewed draft will in their place; the trial court found insufficient evidence Macool intended the draft to be her final testament and denied probate.