Mallory v. Mallory

LAMBERT, Justice.

The issue here is whether a holographic instrument written by Lillian Mallory contains an expression of testamentary intent sufficient to sustain its probate as the decedent’s will. All courts have below so held, but this Court is unable to discover such intent. Accordingly, we reverse.

Following Mrs. Mallory’s death in 1990, a formal will which had been executed in 1967 was probated in the district court. A few days thereafter, appellee Boothe found an envelope in the decedent’s Bible in which was found a holographic instrument, duplicated herein as nearly as possible, as…