Question
A will was drafted for Melinda Wadsworth. Melinda's attorney, Malcolm Edwards, was present when she signed the will. Malcolm then signed as one of the
A will was drafted for Melinda Wadsworth. Melinda's attorney, Malcolm Edwards, was present when she signed the will. Malcolm then signed as one of the attesting witnesses. It was Malcolm's intent to have Jaclene Morgan, a paralegal working for his law firm, be the second required witness. However, Jaclene was out of the office when Melinda and Malcolm signed the will. When Jaclene returned, Melinda had left the office. Malcolm showed the will to Jaclene, informed her that it was Melinda's will and signature, and asked Jaclene to witness and sign the will. Instead of immediately signing the will, Jaclene first called Melinda and verified that it was Melinda's will and signature. Then, Jaclene signed as a witness to the will.
a. Is the above procedure for executing a will proper?
Explain.
B. Would this will be valid in the state of Colorado? Cite the statute or
case law. See Matter of Jefferson's Will, 349 So.2d 1032
(Miss. 1977).
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