Hall v. Jestes

¶ 1 I must respectfully dissent. I do not concur with the majority’s view that the facts of this case support the trial court’s decision to apply the doctrine of incorporation by reference and its finding that the attached Exhibit A should be incorporated by reference into Sneed’s will. Further, I am persuaded that contestant has been denied an opportunity to challenge the legitimacy of Exhibit A and present evidence on issues concerning decedent’s competency and proponent’s undue influence over decedent in procuring the document.

¶ 2 As noted by the majority, certain requirements and…