ASSIGNMENT 2

Client's Facts: The client is the administratrix of her recently deceased brother's estate. She wants to know if the will she found among his personal papers has been revoked. Diagonally across the first paragraph of the will is a handwritten notation that reads, "I hereby revoke this will and declare it to be void." Directly below this notation is her brother's signature.

Rule of Law: Section 24-457B of the state probate code provides, "A will or codicil may be revoked by a writing, declaring an intention to revoke the same, placed on the will or codicil, and signed by the testator, or some person in his presence and by his direction.

Case Law: In the case of Terrance v. Real the court held the phrase "placed on the will or codicil" requires that the revocation language must be so placed as to "physically affect written words of the will."

Assignment:

A. Based on the information presented in the problem, analyze a detailed analysis of the question of whether the will has been revoked.

B. Repeat Assignment A, assuming the following facts: The revocation language appears on the margins of the first page of the will.

C. Repeat Assignment A, assuming the following facts: The revocation language reads, "I hereby revoke and declare void all dispositions to my brother Tom Harbin."