In re Estate of Schumacher

In 2004, David Schumacher executed a holographic will granting shares of stock to his three cousins, Maria Caldwell (plaintiff), Cheryl Smart (plaintiff), and Deborah Caldwell (defendant). In 2006, Schumacher went to an attorney to create a typed will. Schumacher gave the attorney a copy of his holographic will, which had the names of Maria and Cheryl crossed out. Schumacher told the attorney that he no longer wanted to grant stock to Maria and Cheryl and asked the attorney to prepare a typed will that contained the exact provisions of his holographic will except for the devises to Maria and Cheryl. The attorney prepared a typed will, but Schumacher died before signing it. Prior to his death, Schumacher had given several boxes of his personal effects to his secretary, instructing her to store them in her garage and sort them out. After Schumacher’s death, his secretary, her sister, and his personal representative discovered the original holographic will in one of the boxes. Schumacher’s personal representative filed a petition for determination of the validity of the holographic will. Maria and Cheryl filed a petition for construction of the will, asking the probate court to determine whether the strikethroughs on the will were valid. The probate court found that the strikethroughs partially revoked the will, cancelling the bequests of stock to Maria and Cheryl. Maria and Cheryl appealed.