Matter of Estate of Hunt

DURHAM, Justice:

(Concurring and Dissenting)

I concur with Justice Howe on the motion to dismiss. I dissent on the merits.

This case depends on the legal effect of a will in which the testator specifically names his four stepchildren and purports to disinherit all those not named in the document, but fails to affirmatively and specifically dispose of any assets. In interpreting this document, we should be guided by two recurring themes in probate law: the need to follow the testator’s intent and the goal of avoiding intestacy. See, e.g., Utah Code Ann. § 75-2-603 (“The intention of the testator…