Question: 1. Why would the caveators argue that the entire will should be revoked? How would the wills revocation benefit them? 2. What could the testator
1. Why would the caveators argue that the entire will should be revoked? How would the will’s revocation benefit them?
2. What could the testator have done differently to clarify her intentions in her will?
Testator Marion E. Peterson died in 2008. She was survived by her two siblings [brother and sister], Arvin Peterson and Carolyn Peterson Basner (caveatorsb). After testator’s death, Vasta Lucas, testator’s longtime companion and executor of testator’s estate, filed a petition to probate testator’s will in solemn form. Lucas died during the pendency [pending period] of this appeal, and appellee Richard Harrell was appointed as successor executor and trustee for the estate. Caveators filed a caveat to the petition to probate, alleging the will was not properly executed or had been revoked due to obliterations. The trial court admitted the will to probate and caveators appealed.
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