Estate of May
South Dakota Supreme Court
220 N.W.2d 388 (1974)
- Written by Sean Carroll, JD
Facts
In 1967, John May executed a will entirely in his own handwriting. May told Victor Brandt about the will at least twice, including once three days before May died. Victor was May’s nephew-in-law, the husband of May’s niece, Eva Brandt. Eva was not included in May’s will, but as she was an heir of May, she would be entitled to recover under intestacy laws. Upon May’s death, the will was found as a single piece of paper cut out of a notebook on the right margin and torn on the left margin so that the portion that would have completed the rectangular piece of paper was missing. There was no evidence that May intended to revoke the will, but the trial court held that May had revoked the will due to its state of mutilation. The proponent of the will appealed.
Rule of Law
Issue
Holding and Reasoning (Dunn, J.)
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