Andrew Walker executed a will giving a certain parcel of real estate in fee simple to his
Question:
Andrew Walker executed a will giving a certain parcel of real estate in fee simple to his three children from a previous marriage, Mark Walker, Michelle Peters, and Andrea Knox. The will granted a “life use” in the property to Walker’s current spouse, Nora Walker. A year later, Andrew, who suffered from asbestosis, was discharged from a hospital to spend his last days at home. He told Nora that he wished to execute a new will to change the disposition of the property to devise half of it to her. Nora recorded his wish and took her notes to the office of attorney Frederick Meagher to have the document drafted. Meagher did not see Nora’s notes and did not talk to Walker. When Walker signed the document, he did not declare that it was his will, as required by state law, and no one from Meagher’s office was present at the signing. Is the document a valid will? Explain. [In re Estate of Walker, 124 A.D.3d 970, 2 N.Y.S.3d 628 (3 Dept. 2015)] (See Wills.)
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Business Law Text And Cases
ISBN: 9780357129630
15th Edition
Authors: Kenneth W. Clarkson, Roger LeRoy Miller