Preston v. Preston

1. Who were the parties involved in the case? (plaintiff/defendant/respondent/petitioner)

Tom Preston the plaintiff and Howard Preston the defendant

2. What were the facts in the case?

Before Dora Diggs, a widow, died, she left a handwritten document that read, I want Tom Rr. Preston and Mattie Price to be administrators (executors) to settle my estate. Following this she listed various assets. A dispute arose about whether the decedent, Diggs, intended to give Preston and Price general power to dispose of her property. If this were the interpretation, Preston and Price would be the beneficiaries.

Other relatives claimed (a.) the document was not really a will at all (b.) Diggs merely wanted to name executors (c.) The document lacked testamentary intent and (d.) Digges died intestate. If this were the case, state intestacy laws would determine the distribution of property. The other relatives would benefit significantly if this position was the decision of the court.

Did the disputed document fail to qualify as a will because of the lack of testimony intent?

3. What was the Rule of Law in the case? (Rule of law the court applies to determine the rights of the parties)

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4.Who won the case? Why?

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