Estate of McGurrin

Edward McGurrin executed two wills. The first will, known as the Scoggin will, left McGurrin’s estate to Charles Scoggin. Four months before his death, McGurrin executed a second will, known as the Rood will. McGurrin, who was hospitalized, asked his secretary, Cindy Rood, to come to his hospital room, where he dictated his will. Rood typed the will from her dictation notes. When Rood returned to the hospital, McGurrin signed the typed will, and he asked Rood to take the will home to have her mother and sister sign it. Rood returned the will with all three signatures to the hospital, and Rood then called Rood’s mother and sister to thank them for witnessing the will. A handwritten note inserted in the typed provisions of the will left one-fifth of his estate to Avery Floyd, McGurrin’s friend, who was also nominated as executor in the typed provisions. The Rood will’s typed provisions stated that the remainder of McGurrin’s estate would be left to four other people to share and share alike. However, only three names were listed: Cindy Rood, Erma Donelli, and Charles Scoggin. Following McGurrin’s death, both the Rood and Scoggin wills were offered to probate. The magistrate accepted the Rood will and found that the remaining one-fifth share passed via intestate succession to McGurrin’s nieces, Heidi and Flicka McGurrin. Heidi and Flicka appealed, arguing that the share to Floyd was invalid because Rood’s sister testified that the handwritten portion containing the devise of Floyd’s share was not present when she signed the will. Scoggin appealed, arguing that the Rood will had not been witnessed properly, making the Scoggin will the last valid will.