20 Mar Assignment #5
QUESTION 1
Iona wrote her will. The following year, she wrote another will that expressly revoked the earlier will. Later, while cleaning house, she came across the second will. She mistakenly thought that it was the first will and tore it up because the first will had been revoked. Iona died shortly thereafter. The beneficiaries named in the second will claimed that the second will should be probated. The beneficiaries named in the first will claimed that the second will had been revoked when it was torn up. Had the second will been revoked?
QUESTION 2
George Baxter executed a will that left the bulk of his estate to the Church of Christ in New Boston, Texas. Two members of the church served as the witnesses for the will. Is the will valid?
QUESTION 3
Justin Whitman is the adult son of Jeffrey Whitman, an attorney who has served as the trustee for a trust of which Justin is the beneficiary. The trust was established for Justin by his grandfather, Jeffrey’s father. Justin asked his father/trustee for an accounting of the principal and income of the trust. Justin asked for the accounting in 2007 and received nothing by 2008 and filed suit for the accounting. Is Justin entitled to receive the accounting? What could a court do in order to obtain the accounting?
QUESTION 4
Miller wrote a will that was 11 pages long and enclosed it in an envelope, which she sealed. She then wrote on the envelope My last will & testament and signed her name below this statement. This was the only place where she signed her name on any of the papers. Was this signature sufficient to allow this writing to be admitted to probate as her will?
QUESTION 5
James Hornes will provides that his estate is to be distributed to his heirs per capita. Upon his death, two of his three children are surviving and his deceased child left two children (Jamess grandchildren). His will provides that all his property is to be distributed per capita to these children and grandchildren. How will the property be distributed? How would it be distributed if he had provided for a per stirpes distribution?
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