Question: How would I come up with an Analysis for the following Memorandum of Law: Statement of Assignment I have been assigned to prepare a memorandum
How would I come up with an Analysis for the following Memorandum of Law:
Statement of Assignment I have been assigned to prepare a memorandum of law that addresses the question of whether or not Mr. Dixon's will, which was only partially written and signed by Mr. Dixon, is admissible to probate under Texas law. Issue
Under Tex. Prob. Code. Ann SS 59, Tex. Prob. Code. Ann. SS 60, and Dean v. Dickey, 225 S.W.2d 999, is a holographic will admissible to probate if it is partially handwritten and partially typewritten by someone else with permission from the testator and a self-proving affidavit? Brief Answer No. The will is not admissible for probate in the state of Texas. Tex. Prob. Code. Ann SS 59 requires that the writing or typing of the will have two witnesses, Mr. Dixon only has one, Mr. Edgar Mae. ex. Prob. Code. Ann. SS 60 requires that the will be completely handwritten. Dean v. Dickey, 225 S.W.2d 999 requires that the will have two witnesses if it was not wholly written or typed by the testator. Statement of Facts Holly Dixon is the widow of the testator, Thomas Dixon. She is challenging the probate of Mr. Dixon's holographic will. Mr. Dixon's sister, Mary Cary submitted the will for probate. The will was partially handwritten by Mr. Dixon, but he felt too weak to continue writing it, and asked his neighbor Edgar Mae to type the rest of the will for him. Mr. Dixon did sign the will, but had no subscribing witnesses. He did however have a self-proving affidavit that meets statute requirements.
Step by Step Solution
There are 3 Steps involved in it
Get step-by-step solutions from verified subject matter experts
