PROBATE: BENNETT V. DITTO (COA 9/29/2006)

BENNETT V. DITTO
PROBATE:  Holographic will validity

2005-CA-001823
PUBLISHED:  REVERSING (TAYLOR)
DATE RENDERED:  9/29/2006

Testator’s holographic will was properly subscribed in accordance with statutory requirements for valid wills (KRS 394.040 reads: No will is valid unless it is in writing with the name of the testator subscribed thereto by himself, or by some other person in his presence and by his direction. If the will is not wholly written by the testator, the subscription shall be made or the will acknowledged by him in the presence of at least two (2) credible witnesses, who shall subscribe the will with their names in the presence of the testator, and in the presence of each other.), and testator’s signature was subscribed at the end or at the close of her holographic will, as required by statute governing writings that must be signed.  Designation of executor and signatures of two witnesses after the testator’s signature did not affect the will’s validity.

Please note: I reserve the right to delete comments that are inappropriate, offensive or off-topic.

Leave a Reply

Your email address will not be published.