Question: ln 1986, Tess made a will in which she devised her assets as follows: 1. ltem 1: 1 give and bequeath to my son, Son,

ln 1986, Tess made a will in which she devised her assets as follows: 1. ltem 1: 1 give and bequeath to my son, "Son", in fee simple absolute, my real property known asGreenacre which is located at 123 Sunnyside Drive, Kent County; ltem 11: 1 give my three diamond rings, located in envelopes in my safety deposit box, to thepersons identified in a letter in my safety deposit box; ltem 111: 1 give $2000 to my daughter, "Daughter"; ltem IV: 1 give $100 to my friend, Dr. Doolittle; and ltem V: All the rest, residue and remainder of my personal estate of which I shall be possessedat the time of my death I give and bequeath to my friend, Fran. Tess signed the will in the presence of her doctor, Doctor Doolittle, and her nurse, Ms. Nurse.Doolittle and Nurse did not know what Tess was signing. Nurse left the room before Doolittle signedas a witness. Tess gave Son a copy ofher will.ln 1988, Tess decided to amend her 1986 will to revoke the gift to Doolittle. Tess wrote theamendment in long-hand and signed it on May 16, 1988. On May 24, 1988, Tess's friend, John, alongwith Nurse, witnessed the amendment. When Tess saw John, she could not remember his name. Johnwas astounded. He had worked from 1975 to 1985 running Tess's shoe repair shop. John receivedonly 25% of the salary he could have eamed elsewhere because Tess told him in 1977 that inrecognition ofhis hard work, she would include a provision in her will devising Greenacre to him.ln March of 1991, Tess told Nurse that she was unhappy with her will and directed her lawyer todraft a new will which would divide her estate more equally between her two children. Greenacre wasworth approximately 85 percent ofher estate. The lawyer drafted the new will promptly and askedTess to visit his office to review it. Since Tess was no longer able to drive, she had been relying uponSon, who lived next door. Son assisted her with travel as well as appointment scheduling.The day following her telephone conversation with her lawyer, Tess told Son that she needed to meetwith her lawyer to change her will. Son's busy schedule did not permit him to take Tess to herlawyer's office immediately.ln September 1991, both children had decided that Tess needed assistance in managing and caringfor her property. The Court of Chancery granted Son and Daughter's request to be named as coguardiansover Tess's property. Shortly thereafter, Tess moved into a nursing home. Finally, inOctober 1991, Son took Tees to meet with Doolittle and her lawyer to execute a new will. Duringthat meeting, Son questioned Tess about the proposed changes. Tess professed a desire to make thechanges, but grew weary and asked to be taken home before anything could be signed. Tess set upanother appointment which she never kept.ln February 1992, in their capacity as guardians, Son and Daughter sold Greenacre to pay for hernursing home expenses. On her death in May of 1992, Tess' s assets consisted of cash, including theproceeds from the sale of Greenacre and the rings. Tess's safety deposit box contained a box withthree diamond rings. An undated, unsigned typed label on the box top stated: "Three diamond ringsfor Son."Daughter now petitions the Court of Chancery to nullify Tess's will, claiming that Tess had revokedher will in 1991. J ohn now claims that he is entitled to the proceeds from the sale of Greenacre. Inaddition, Fran claims that she is entitled to the proceeds from the sale of Greenacre pursuant to theresiduary clause in Item V.1. Discuss (a) the validity ofthe 1986 will; and (b) the validity ofthe 1988 amendment. 2. (a) Discuss Daughter's claim that Tess canceled or revoked her will in 1991 and the likelihood ofsuccess of that claim. (b) What claim( s) might Daughter assert in seeking the proceeds from the saleof Greenacre? ( c) What remedy might she seek and how would the Court likely rule? 3. (a) Discuss any claim(s) John may have to the proceeds from the sale of Greenacre. (b) Whatremedy might he seek and how would the Court likely rule? 4. (a) Discuss any claim(s) Fran may have to the proceeds from the sale of Greenacre. (b) Discuss thelikelihood of success of any such claim. 5. Discuss who is entitled to the rings.

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