Bailey v. Kerns

The primary issues in this will contest case are (1) whether the trial court erred in ruling that the face of a holographic writing made by Edith M. Kerns contained evidence of testamentary intent, and (2) whether the trial court erred in admitting extrinsic evidence offered to establish the testamentary nature of the instrument.

Edith M. Kerns, also known as Edith B. Kerns (Edith), died on July 6, 1988. When no will was found at the time of her death, her son, George F. Kerns, qualified as administrator of her estate. Less than seven months later, Edith’s sister, Gertrude Bean, passed away.…