Legal Opinion

Malloy v. Smith

Court of Appeals of Washington

Decided October 31, 1996No. 13843-7-IIIPublishedCited by 2 opinions

1Opinion of the CourtKurtz, J.

Former RCW 11.12.0401 permits a testator to partially revoke her will without observing the formalities for executing a new will. The courts give effect to a testator’s deletions on the face of a will if the deletions do not alter the dispositive scheme so as to constitute a new testamentary disposition. In re Estate of Appleton, 163 Wash. 632, 2 P.2d 71 (1931); In re Estate of Eastman, 61 Wn. App. 907, 812 P.2d 521 (1991); In re Estate of Becklund, 7 Wn. App. 10, 497 P.2d 1327 (1972). In this case, we *71are asked to decide the effect of deletions that substantially-changed the amounts, but not…

2Cases cited4 opinions

  1. In Re Estate of AppletonWashington Supreme Court · 1931
  2. In Re the Estate of BecklundCourt of Appeals of Washington · 1972
  3. Patrick v. PatrickCourt of Special Appeals of Maryland · 1994
  4. Matter of Estate of EastmanCourt of Appeals of Washington · 1991

3Cited by2 opinions

  1. Malloy v. SmithWashington Supreme Court · 1998
  2. Matter of Estate of MalloyWashington Supreme Court · 1998

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