Legal Opinion · Dissent

Keeven v. Wakley

Idaho Supreme Court

Decided January 20, 1986No. 15615Published

1DissentBistline, Justice

My only concern is with Part II of the opinion for the Court. On beginning my reading of Part II the handwriting on the wall materialized in the second paragraph thereof when I encountered the ipse dixit that “the decedent chose not to revise her will even though she was in very poor health.” The italicizing of “chose”is of my own choice — by which I mean to suggest that it is an act deliberately done and with full knowledge of what I am doing. How a majority can for the Court divine that Barbara Louise Keeven exercised a choice, knowledgeable or otherwise, is far beyond my ken. If Barbara…

2Cases cited12 opinions

  1. Poisl v. FergusonCalifornia Supreme Court · 1955
  2. Colcord v. ConroySupreme Court of Florida · 1898
  3. Herzog v. Trust Co.Supreme Court of Florida · 1914
  4. Estate of Christensen v. ChristensenUtah Supreme Court · 1982
  5. Belton v. SummerSupreme Court of Florida · 1893

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