I/M/O Estate of Denner, Chancery Div.–Union Cy.

38-4-3076 I/M/O Estate of Denner, Chancery Div.–Union Cy. (Lyons, P.J.Ch.) (8 pp.) (Unpublished decision dated Feb. 28, 2006, Released Mar. 1, 2006.)

The plaintiff  submitted three unsigned alternative documents which she claimed should be probated as writings intended to be a Will under the revised probate code, instead of the earlier Will that was probated by the defendant: (1) an unexecuted, typed will, apparently a form document, that has handwritten assertions and a cross-out that plaintiff alleges was prepared by the decedent; (2) an unsigned and undated handwritten list that plaintiff alleges was prepared by the decedent; and (3) an unexecuted will prepared by an attorney. Defendant moved to dismiss because none of the documents were signed by the decedent. The court denied that motion, allowing the trial to proceed. The court rejected defendant’s assertion of a per se bar to probating any document which has not been signed by a decedent, and viewed the more important issue as one of proof of the decedent’s intent.

Attorney: Eugene Rosner, Esq.

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