Legal Opinion

McGurrin v. Scoggin

Idaho Court of Appeals

Decided September 9, 1987No. Nos. 15841, 15868PublishedCited by 1 opinion

1Opinion of the Court

SUBSTITUTE OPINION

The Court’s prior opinion, dated September 25, 1986, is hereby withdrawn.

BURNETT, Judge.

These consolidated appeals present a question of first impression under the Uniform Probate Code, as adopted in Idaho. The requirements for a valid will are enumerated in I.C. § 15-2-502. One such requirement is that the will be signed by the testator and (unless the will is holographic) by two other persons, each of whom has “witnessed” the testator signing or acknowledging the will. In the present case, the testator apparently signed his will when no one else was present. An…

Also in this document: Concurrence.

2Cases cited16 opinions

  1. Pope v. Intermountain Gas Co.Idaho Supreme Court · 1982
  2. Matter of Estate of PetersSupreme Court of New Jersey · 1987
  3. Wood v. DavisSupreme Court of Georgia · 1926
  4. Myers v. EbyIdaho Supreme Court · 1920
  5. Succession of MichieLouisiana Court of Appeal · 1966

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3Cited by1 opinion

  1. Matter of Estate of McGurrinIdaho Court of Appeals · 1987

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