State v. Palm

OPINION

This is a dispute between the State and a testator’s daughter and half sisters over his $3 million estate. At issue is the proper distribution of the estate of the testator, who, by way of a handwritten will, attempted to disinherit all of his heirs but was unsuccessful in otherwise affirmatively devising his estate. Under the common law, a disinheritance clause was unenforceable in these circumstances. In the proceedings below, after determining that the testator’s handwritten will was a valid testamentary instrument that revoked his earlier will, the district court applied the…