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Estate of Muder

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Brief Fact Summary. A testator handwrote blank parts of a printed will form, with only one witness.

Synopsis of Rule of Law. Where a testator uses a preprinted form, and in his own handwriting fills in the blanks by designating his beneficiaries and apportioning his estate among them and signing it, he has created a valid holographic will.

Points of Law - Legal Principles in this Case for Law Students.

If testators are to be encouraged by a statute like ours to draw their own wills, the courts should not adopt upon purely technical reasoning a construction which would result in invalidating such wills.

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Facts. A testator handwrote blank parts of a printed will form. The printed portion read, “I give to,” while the handwritten portion read, “My wife Retha F. Muder, our home and property.

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