Mallett v. Mallett

OPINION

HATHAWAY, Judge.

In this appeal, appellant challenges the trial court’s order in which it found that her late husband’s holographic will was conditional and did not operate as a testamentary disposition. We reverse.

*378It is undisputed that the decedent had a heart condition, that he was admitted to the hospital for testing, that he agreed to undergo surgery, that he had never executed a will and that he wrote the following holographic will in the hospital on March 19, 1993:

I, Seth E. Mallett, is scheduled to go through a seroius [sic] operation. I wish to state that if I should expire from…