Lind v. Muder

I concur in the majority’s decision that the will of Edward Frank Muder fails to meet the requirements of A.R.S. § 14-2502 for acceptance as a formally executed will. I dissent from the majority’s decision that the will fails to qualify for holographic validity under A.R.S. § 14-2503.1

To explain my view, I want first to consider what this case is not:

1. It is not a case in which Mr. Muder took a blank, unlabeled, print-bare piece of paper, wrote on it “My wife, Retha F. Muder, all my earthly possessions,” signed it, and left it for the interpretation of a curious posterity.

2. Nor is it a case…