Dahlgren v. First National Bank of Nevada

with whom Gunderson, J., joins:

Respectfully, I dissent.

In order to qualify as a will, any document so offered must be shown to have been executed with the intent to make a will, or what we term in the law, anumus testandi. The Supreme Court of California has described the requirement as follows:

In order for a document to be the last will and testament of a deceased person, it must, in addition to meeting all the legal requirements, [1] clearly show that the decedent intended it to take effect only after his death, and it must [2] satisfactorily appear therefrom that the decedent intended by…