Knupp v. District of Columbia

The decedent's will directed that, after paying expenses and specific bequests, the remainder of the estate go to a residual beneficiary -- but no residual beneficiary was actually named. The decedent's two prior wills had left substantial bequests to his friend Richard Knupp (plaintiff). Milton Schober, the attorney who drafted the wills, submitted an affidavit stating the decedent had told him to name Knupp as residual beneficiary in the final will, but that Schober mistakenly omitted it. The trial court held it could not insert Knupp's name into the will, so the residual estate escheated to the District of Columbia (defendant). Knupp appealed, arguing extrinsic evidence showed the omission was a mistake and the decedent intended him to inherit.