In re the Probate of the Will of Clarke

Anthony P. Savarese, S.

Proponents have offered a holographic will for probate. A problem arises as to the validity of the instrument because of testator’s use of the phrase " Until I get time to make a regular will and should I die before I do so, this is what I want done with my money,” which prefaces the disposition of his assets. The court is of the opinion that the quoted language is not conditional, but merely a statement of the inducement which led to the Avriting of the instrument. The only reasonable interpretation of the quoted phrase is that if testator died without having made some…