Gifford v. Gifford
Arkansas Supreme Court
805 S.W.2d 71 (1991)
- Written by Salina Kennedy, JD
Facts
After Mary Ella Gifford’s death, her daughter, Julia Gifford Haines (defendant) petitioned to probate Mary Ella’s last will and testament in the form of four documents: a typed will executed in 1986, a typed codicil executed in 1986, a two-page handwritten note dated 1980, and an additional two-page handwritten note dated 1986. The will contained language referencing the 1986 note. Both notes were in Mary Ella’s handwriting and signed by her. The two notes were attached to each other, and their pages were numbered. The 1980 note comprised pages one and two, and the 1986 note comprised pages three and four. All four pages were attached to the will. Both notes clearly stated Mary Ella’s wish to devise household and personal items to specific individuals. The 1986 note referred to earlier lists dated 1973, 1976, and 1980. The 1980 note was captioned, “1st section of bequests 1973, 1976, 1980.” Mary Ella’s son, Joel S. Gifford, Jr. (plaintiff) agreed that the will incorporated the 1986 note by reference but contested the incorporation of the 1980 note into the will. The probate court ruled that the 1980 note had been incorporated into the will by reference, and Joel appealed.
Rule of Law
Issue
Holding and Reasoning (Hays, J.)
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