Question
Dan and Wanda were married in 1995. In. January 2000, Dan had his lawyer, Len, preparare a will for him. The will named Erica, Dan's
Dan and Wanda were married in 1995. In. January 2000, Dan had his lawyer, Len, preparare a will for him. The will named Erica, Dan's brother, as executor and provider that Dan's net estate would be divided equally between Wand and Eric. Under Lens supervision, Dan executed will, which was witnessed by Kit and Wit. Dan died in Jan. 2004 survived only by Wanda and Eric. At the time of his death, Dan estate consisted of $500,000 in a savings account in his name alone at B Bank. Wanda was aware of the account. On behalf of Eric, Len filed Dan's will and petition for probate with the Surrogates Court. The court then issued a citation to be served on Wanda. Len hired Phil, a process server, to serve Wanda with the citation. Phil went to Wanda house and knocked on the front door. Wanda opened the door slightly and asked Phil who he was. When Phil announced that he was a process server with a citation to serve, Wanda slammed the door shut and said she would not accept the citation from him. Phil then taped the citation to the front door, yelled at Wanda that he had done so, and left the premises. Phil took no further steps to serve Wanda. Wanda moved to dismiss the petition on the ground that the court lacked personal jurisdiction over her. After a hearing at which Phil and Wanda testified, the court denied her motion.
Rule: Under the federal rules, any person who is not a party to the lawsuit is at least 18 years of age can affect proper service. Alternatively, the plaintiff may request that a representative from the United States Marshall's office carry out service. Proper service is completed when the defendant accepts the summons. Otherwise, the summons must be nailed to the door and then mailed.
Example of legal Memorandum?
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