Smith v. Goff

MORENO, J., Dissenting.

Shortly before his death, Timothy Kirk Saueressig prepared his will, without the help of a lawyer, leaving his property to three friends. The majority holds that Saueressig’s will is invalid, and his property cannot go to the friends he named as his beneficiaries, because he failed to comply with a requirement that appears nowhere in the applicable statutes. I dissent.

The facts of this case are undisputed. On December 26, 2000, Timothy Saueressig typed his will, which left his property to his friends, Scott Smith, Harry Ernst, and Cliff Thomas, and named Smith as his…