Legal Opinion · Dissent

In Re the Estate of Kleinman

Utah Supreme Court

Decided December 29, 1998No. 960495Published

1DissentZimmerman, Justice

I respectfully dissent from the majority opinion. I would affirm the lower court decision that the handwritten documents prepared by Mary Miles Kleinman (“Mrs. Klein-man”) constituted only memoranda disposing of tangible personal property in furtherance of a provision of her 1986 will, as provided for by section 75-2-513 of the Code, and not separate holographic wills, permitted under section 75-2-503 of the Code. Furthermore, I would affirm the lower court’s conclusion that the gifts of money those memoranda purported to make were void because section 75-2-513 does not permit the disposition…

2Cases cited9 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. State v. PenaUtah Supreme Court · 1994
  3. Matter of Estate of BartellUtah Supreme Court · 1989
  4. Cal Wadsworth Construction v. City of St. GeorgeUtah Supreme Court · 1995
  5. Grayson Roper Ltd. Partnership v. FinlinsonUtah Supreme Court · 1989

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