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In re Estate of Muder
Arizona Supreme Court
159 Ariz. 173, 765 P.2d 997 (1988)
- Written by Rose VanHofwegen, JD
Facts
Two months before he died, Edward Muder filled out the blanks on a preprinted will form in his own handwriting, but only one attesting witness signed it. All the portions filled in left everything to Muder’s current wife, Retha. [Ed.’s note: An image of the will is reprinted in the casebook excerpt.] When Retha submitted the will to the probate court, Muder’s daughters from an earlier marriage contested the will as not meeting Arizona’s statutory formalities. The trial court nonetheless upheld the will. The daughters appealed, and a divided appellate court reversed. Retha appealed to the Arizona Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Cameron, J.)
Dissent (Moeller, J.)
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