Price v. Abate

Fran Price (plaintiff) was granted letters of administration appointing her as the personal representative of Thomas Flanigan’s estate. Flanigan’s eight intestate heirs (the heirs) (defendants) then filed a petition for determination of the beneficiaries of Flanigan’s estate. In response, Price filed a petition to establish a lost will, alleging that Flanigan had executed a valid will, which was subsequently lost, that had named her as both Flanigan’s personal representative and his primary beneficiary. The heirs challenged Price’s petition and submitted testimony from the bank employees who had witnessed the execution of Flanigan’s will, Dalila Ramos and Donna Fazio. Ramos testified that Flanigan had asked her to notarize a handwritten will that left nearly everything to Price. Ramos did not remember whether Flanigan signed the will in her presence but testified that she only called Fazio over to sign as a witness after she had signed as a notary. Fazio corroborated Ramos’s account, testifying that she was called over to sign Flanigan’s will as a witness but that she did not witness either Ramos or Flanigan sign the will. Price did not offer any evidence to contradict Ramos and Fazio’s account, but instead argued that Ramos and Fazio’s physical proximity during the will execution was sufficient even though Fazio did not actually see Ramos or Flanigan sign. The trial court granted summary judgment in favor of the heirs, finding the lost will was not properly executed and was therefore not eligible for probate. Price appealed.