Eubank v. Eubank

By Judge J. Michael Gamble

I am writing this letter to furnish you with a decision on the issues argued in this case. First, I find that the paper writing of Sallie M. Eubank dated September 10, 1997, is a valid holographic codicil to the Last Will and Testament of Sallie M. Eubank dated March 14, 1977. I further find that this holographic codicil was not revoked by the codicil of Sallie M. Eubank dated February 14, 2002. My reasons for these rulings are set forth below.

A “codicil” is an instrument “made subsequent to a will and modifying it in some respects, forming part of it and superseding…