Wider v. Wider (In re Wider’s Estate)

Will F. Wider, decedent, and his wife, Isobel Wider, each executed a will leaving their entire estate to Stuart Wider (plaintiff) in the event either spouse predeceased the other. Isobel died in June 1948 and Stuart subsequently took both wills into his possession with Will’s consent. Following Will’s death, Stuart submitted Will’s will for probate. However, the will had been mutilated by cutting off Will’s signature and the signatures of the two attesting witnesses. The signatures were then pasted onto a new sheet of paper and reattached to the will with a handwritten notation stating, “May 48 W. F. Wider.” Stuart testified the will had been in that condition when he received it. Stuart and Floyd Bernard each testified in court that Will had cut the signatures off his will by mistake after Isobel’s death, believing it was her will. Will’s neighbors testified he was mentally incompetent prior to Isobel’s death. Martin Wider (defendant) challenged the will, arguing it had been revoked when Will cut out the signatures. Martin submitted written testimony from three attorneys, one of whom was the will’s drafting attorney, all stating that Will indicated he had destroyed his will prior to Isobel’s death. The drafting attorney further testified that Will had wanted to execute a new will with a different beneficiary. The county court admitted the will to probate, and Martin appealed. The circuit court reversed, finding the will was mutilated with the intent to revoke it. Stuart appealed.