The assignment is to prepare an interofficememorandumforthe supervisory attorney. There is a five-page limit.

To: Research Assistant

From: Supervisory Attorney

Re: Dixon v. Cary Probate of holographic will

We represent Holly Dixon, the widow ofThomas Dixon, in the caseof Dixonv. Cary. She wishes to challenge the probateof theholographic will of Thomas Dixon. Mary Cary, the sister of Thomas Dixon andpersonalrepresentative ofhis estate, has submitted for probate a holographic will prepared by Mr. Dixon.

The first half of the will is in the handwriting of Mr. Dixon. The second half is typewritten. It was typed by the next-door neighbor, Edgar Mae. Mr. Mae states that Mr. Dixonaskedhim tofinish the will because Mr. Dixon wastoo weakto continue. The will is signed by Mr. Dixon. Thereare nosubscribing witnessesto thewill, but it includes a self-proving affidavit thatmeets therequirements of the statute.

Is the will admissibleto probateunder Texas law?

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Statutory Law Tex. Prob. Code. Ann. Sec. 59 Requisites of a Will (Vernon 1980).

"Every lastwill and testament ... shall be in writing ..., andshall, ifnot wholly in the handwriting of the testator, be attested by two (2) ormore crediblewitnesses...."

Tex. Prob. Code. Ann. 60 Exception Pertaining toHolographic Wills(Vernon 1980), provides: "Where the will is written wholly in the handwriting of the testator, the attestation of the subscribing witnesses may be dispensed with. Such a will may be made self-provedat anytime during the testator's lifetime by theattachment orannexation thereto of an affidavit by the testator to the effectthat theinstrument is his last will; that he was at least eighteen years of age when he executed it...;that hewas of sound mind; and that he has not revoked such instrument."

Case Law:Dean v. Dickey, 225 S.W.2d 999 (Civ. App. Tex. 1949)- You are not limited to using this case