Malleiro v. Mori

Elena Isleno, decedent, was born in Argentina and died in Florida. Isleno owned property in both the United States, including in Florida, and in Argentina. Before her death, Isleno executed two wills, one in New York and one in Argentina. The New York will was executed first and complied with all statutory will-execution formalities as defined in both New York and Florida. Approximately four months later, Isleno executed a notarial, nuncupative will in Argentina, which revoked her New York will. The notarial will was dictated by Isleno to a notary who typed up the document and read it back to her. Isleno gave her oral approval to the document before three witnesses, who were all identified in the will. Isleno did not sign the Argentina will. The New York will and the Argentina will left Isleno’s estate to two entirely different sets of beneficiaries. The Argentina will was submitted for probate in Argentina. Following Isleno’s death, Manuel Malleiro (plaintiff), a beneficiary of the New York will, petitioned to have the New York will administered in Florida. Axel Mori (defendant), a beneficiary of the Argentina will, challenged, arguing that the subsequent Argentina will revoked the New York will and that the Argentina will should therefore be probated in Florida. The trial court admitted the Argentina will to probate, holding that both the New York will and the Argentina will were admissible in Florida and that the subsequent Argentina will revoked the prior New York will. Malleiro appealed.