1. What are the theories upon which Sam may participate in the distribution of Carols estate?

a. Fraud constructive trust

b. Mistake

2. Other relief to which Sam may be entitled?

3. How should Carols estate be distributed?

4. Summary: Minimum amount Sam is entitled to?

5. Most likely amount Sam is entitled to and why?

Question 15 Carol lived for many years as a widow. She had a son, Sam, and a daughter Dot. At the outset, she told her children that she didn't need a will because you'll share in everything anyway." Twenty years ago, Carol was notifi by the Department of Defense that Sam after the notice, Carol overcame her reluctance to e cuted a valid testamentary document. The document provides: had been killed in Vietnam. Soon xecute a will and exe- In view of the death of my son, Sam, I leave one-third of my estate to my brother Tom and my sister Jane, share and share alike; the remaining two- thirds of my estate I give to my daughter Dot. The shares of my brother and sister in the portion of my estate allocated to them should be adjusted to reflect any advancements i may make to each ofthem, as recorded in a book of account that will be found with my will. In 1986, Carol made gifts of $5,000 to Jane and $10,000 to Tom. In her ledger, which was later found with her will under the caption "Advance- ments," Carol erroneously transposed the amounts, so that the entries read: 4/9/86 Jane $10,000 Tom $5,000 In 1998, the Department of State wrote Carol that it had received reports at Sam was apparently still being held as a prisoner of war, and that efforts were being made to verify his status and to secure his release. Dot, who lived with Carol, intercepted the letter and concealed it. th When Carol died recently, she left a net estate of $270,000. After Carol's death but before Carol's estate could be distributed, Sam was released and returned home