Sample Question 4

On May 18, 1997, Testator duly executed a typewritten will in the presence of three witnesses.

The will contained only the following three paragraphs:

1. I give my watch to my brother, Ben.

2. I give my dining room table to my sister, Sarah.

3. I give the balance of my tangible personal property to the person named in a letter I signed and dated May 7, 1997, which I have placed in the desk in my home.

Testator died on January 2, 2000, a domiciliary of State A. The foregoing will was found in the desk in Testator's home. However, in paragraph 2 of the will, the phrase "dining room table" had been scratched out and immediately above it the word "automobile" was typed. And, on the back of the will, the following language appeared in Testator's handwriting: "I don't want Ben to have my watch. I want it to go to my first cousin, Chris." No signatures appeared on the back of the will beneath this writing.

The letter referred to in paragraph 3 of the will was found in the desk, and named Nicole, the daughter of Sarah, as the beneficiary.

Testator's only surviving blood relatives are Ben, Sarah, Chris, and Nicole. In addition to the watch, dining room table, and automobile, Testator left a $10,000 bank account.

State A permits wills to be completely or partially revoked by the execution of a subsequent will or codicil, by physical act or by cancellation, when accompanied by an intent to revoke. State A law also provides that "unsigned holographic wills or codicils are valid."

To whom should Testator's estate be distributed? Explain.