Legal Opinion

In Re Purported Last Will & Testament of Carter

Supreme Court of Delaware

Decided September 26, 1989PublishedCited by 9 opinions

1Opinion of the Court

MOORE, Justice.

This appeal is from a ruling of the Court of Chancery that a will and codicil (the “1979 will”) of the decedent, Russell W. Carter, satisfied the execution requirements of 12 Del.C. § 202 and should be admitted to probate. 1 The Vice Chancellor found that Carter’s technical mistakes in attempting to execute the instruments were cured by the contemporaneous execution of two self-proving affidavits, which were attached to the will and codicil at all times, and which were signed by Carter and his attesting witnesses in the belief that they were properly executing both the will and…

2Cases cited10 opinions

  1. Boren v. BorenTexas Supreme Court · 1966
  2. In Re Estate of PettySupreme Court of Kansas · 1980
  3. In Re Estate of CharryDistrict Court of Appeal of Florida · 1978
  4. In Re the Estate of CutsingerSupreme Court of Oklahoma · 1968
  5. In re Kemp's WillSuperior Court of Delaware · 1936

5 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Westmoreland v. TallentSupreme Court of Georgia · 2001
  2. In Re ESTATE OF Thomas Grady CHASTAINTennessee Supreme Court · 2012
  3. In Re Last Will and Testament of PaleckiCourt of Chancery of Delaware · 2007
  4. Matter of Will of RanneyNew Jersey Superior Court Appellate Division · 1990
  5. In Re Estate of Nancy RissCourt of Appeals of Tennessee · 2025

4 more not listed; retrieve them via the Exa API.

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