Gifford v. Estate of Gifford

Steele Hays, Justice.

The question for decision is whether a memorandum in the handwriting of the testatrix was incorporated into her will by reference. The probate judge found that it was. We sustain that finding.

Mary Ella Gifford died on February 26,1989. Mrs. Gifford’s daughter, Julia Gifford Haines, proffered four instruments as the decedent’s last will and testament: a two page handwritten note dated January 1980, another handwritten note, also in two pages, dated June 1986; a typewritten will dated July 2, 1986; and a typewritten codicil dated November 21,1986. The probate judge accepted…