Question
Napoleon and Kipp are both 50% beneficiaries under their Grandmother's properly executed will dated 1965. Napoleon has a will dated 1970 which names him as
Napoleon and Kipp are both 50% beneficiaries under their Grandmother's properly executed will dated 1965. Napoleon has a will dated 1970 which names him as sole beneficiary. The 1970 will has only one witness but the state statute requires 2 for validity. Napoleon is familiar with the state's requirements for will validity. Napoleon shows the will to Kipp and agrees to settle the will contest for 75% of their Grandmother's estate. If Kipp later discovers the witness requirement and realizes the 1970 will is not valid, will the court enforce the settlement agreement? Explain.
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