Vignes v. Weiskopf

Daniel K. Weiskopf had a will executed on March 27, 1947, and a codicil executed on March 6, 1948. Weiskopf was on his deathbed and heavily medicated when he executed the codicil. Weiskopf died on March 22, 1948. The will was admitted to probate. The codicil was denied probate. The executor’s attorney, who was also the drafting attorney, included an affidavit regarding the deathbed codicil. The trial court issued an ex parte order for an evidentiary hearing regarding the circumstances surrounding the execution of the codicil. Grace Vignes (plaintiff) filed a motion to revoke the order, and the court heard further testimony. The sum of the evidence showed that Weiskopf dictated the substance of the codicil to his secretary, who then conveyed the instructions to Weiskopf’s attorney. The instructions given to the secretary included $100,000 to Vignes, who already stood to inherit from the existing will, and $30,000 to “you.” In addition, Weiskopf wanted to leave another $100,000 to somebody whose name he could not remember. When Weiskopf’s attorney read the instructions, he asked for clarification. Weiskopf was unable to provide more definite information. Despite the confusing instructions, Weiskopf’s attorney prepared the codicil and returned the next day to execute it. Weiskopf signed the codicil. The attorney, the attorney’s wife, and Weiskopf’s nurse signed the codicil as witnesses. Weiskopf did not read the codicil, and it was not read to him. The nurse testified that she was uncertain whether Weiskopf knew what he was signing. The attorney who prepared the codicil also represented the estate (defendant) seeking to have the codicil declared invalid. Vignes argued that the attorney was guilty of duplicity in arguing the invalidity of a codicil the attorney himself prepared. Nevertheless, the trial court refused to probate the codicil. Vignes appealed. The circuit court affirmed, and Vignes appealed again.