Holtz v. Diesz

¶1 JoAnn Holtz (JoAnn), longtime companion of the decedent, Michael Deisz (Michael), challenges the findings of fact, conclusions of law, and judgment of the District Court regarding the disposition of the decedent’s estate. We reverse.

ISSUES

¶2 JoAnn raises three issues on appeal. We conclude that our resolution of the following issues is determinative:

1. Did the deceased’s holographic will make a general, demonstrative, or specific devise to the petitioner?

2. If the devise was specific, was it rendered ineffective-adeemed-when the specific assets were sold and the proceeds placed in the bank?