Newhall v. McGill

With due deference to the opinion entertained by majority of this court I am compelled to dissent.

I am of the opinion that the disposing clause of the will bequeathing and devising, or attempting to bequeath or to devise, the estate of the testatrix is an invalid testamentary disposition as constituting a testamentary disposition made without the formalities and safeguards required by the provisions of Section 41-102, A.C.A. 1939, statute of wills, and not being within any of the exceptions permitted by this section or Sections 41-104 and 41-105.

The disposing clause reads: “I give, devise-…