(DOWNLOAD) "In Re Van Voasts Estate" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: In Re Van Voasts Estate
- Author : Supreme Court of Montana
- Release Date : January 06, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
DESCENT AND DISTRIBUTION ? WILLS, Holographic Wills, Construction, Character of Writing ? Testamentary Intent ? ANIMUS TESTANDI ? Evidence, Sufficiency of. 1. Wills ? Holographic Wills, Form of. Where a letter was written, dated, and signed entirely in handwriting of testatrix, it was, on its face, a valid holographic will, so far as its form was concerned. R.C.M. 1949, sec. 91-108. 2. Wills ? Letter as a holographic will. If letter, which was written, dated and signed entirely in handwriting of testatrix, showed, when read in connection with surrounding facts and circumstances, a testamentary intention, it was a valid holographic will. 3. Wills. There is no definite fixed rule by which testamentary intent may be gauged. 4. Wills ? Intent. Determination of testamentary intent is to be made from will itself, but surrounding circumstances may be considered. 5. Wills ? No particular words necessary to show intent. No particular words are necessary to show a testamentary intent, and it must appear only that maker intended by will to dispose of property after his death. 6. Wills ? True test of character of a will. The true test of the character of a will is not testators realization that it is a will, but intention of testator to create a revocable disposition of his property, to accrue and take effect only on his death, and passing no present interest. 7. Wills ? Construction and interpretation. In determining whether letter was a valid holographic will, court was required to bear in mind that of two modes of interpreting a will, that is to be preferred which will prevent a total intestacy. 8. Wills ? Evidence ? Will held valid. Where stepmother had no children of her own and treated stepchildren as though they were her own children, and stepmother, when elderly and in poor physical condition, wrote one of the stepchildren a letter, which was entirely written, dated and signed by stepmother, and which stated that she wanted any worldly goods left at her death to be divided equally among the stepchildren, and that she expected to live for a few more years, but that she saw no reason for putting everything off for someone else to tend to at the last minute, there was a valid holographic will.