Slack v. Truitt

Dale Slack handwrote a one-page will stating that his fishing and camping gear plus one-third of his money were to pass to Michael Truitt and that all his jewelry was to pass to Terri Truitt (defendant). Dale then took the document next door and asked his neighbor, Dorothy Morgan, to sign under the words “Witnessed By.” Dale did not tell Morgan the document was a will, nor did he draw her attention to his own signature on the document. Morgan assumed the document was a petition against local development and later testified that she could not remember whether she saw Dale’s signature before signing. Five minutes after obtaining Morgan’s signature, Dale returned to Morgan’s house and asked her daughter, Sandra Bradley, to also sign the document. Again, he neither identified the document as a will nor drew Bradley’s attention to his own signature. However, Bradley did see Dale’s signature before signing. Two hours later, Dale committed suicide. After Dale’s brother, Clinton Slack (plaintiff), initiated probate proceedings, a dispute arose between Clinton and Terri as to who should be appointed as the personal representative of Dale’s estate. The local court denied admission of the will to probate, finding that the statutory witness requirement was not satisfied. The circuit court affirmed, but the court of special appeals reversed, admitting the will to probate. Maryland’s Court of Appeals granted review.