Edwin Fuller, a bachelor, prepared his will in his office. The will, which contained no residuary clause, provided that one-third of his estate would go to his nephew, Tom Fuller, one-third to the city of Emanon to be used for park improvements, and one-third to his brother, Kurt.
He signed the will in his office and then went to the office of his nephew, Tom Fuller, who, at Edwin’s request, signed the will as a witness. As no other persons were available in Tom’s office, Edwin then went to the bank, where Frank Cash, the cashier, at Edwin’s request, also signed as a witness. In each instance, Edwin stated that he had signed the document but did not state that it was his will. Edwin returned to his office and placed the will in his safe. Subsequently, Edwin died, survived by Kurt, his only heir-at-law. How should the estate be distributed?