Legal Opinion · Dissent

Estill v. Sisters of Charity

Washington Supreme Court

Decided December 31, 1970No. 39235Published

1DissentFinley, J.

(dissenting) — Certainly it can be said that it is the policy of the law to uphold wills. However, the majority, in essence, embraces this hornbook generality as the exclusive and ultimate panacea for this will contest. Indeed, its virtues are elaborated fastidiously and at great length, without recognizing its deceptive oversimplification. Furthermore, this is without recognizing that not just one —but three — wills meeting all of the formal requisites as to execution are involved in this will contest.

Unquestionably there is a countervailing and, in my judgment, a functionally more critical…

2Cases cited27 opinions

  1. Dean v. JordanWashington Supreme Court · 1938
  2. McCutcheon v. BrownfieldCourt of Appeals of Washington · 1970
  3. In Re Bottger's EstateWashington Supreme Court · 1942
  4. Hollingbery v. DunnWashington Supreme Court · 1966
  5. Nolan v. Bank of America National Trust & Savings Ass'nCalifornia Court of Appeal · 1938

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