In re Estate of Pluhacek

Summary

The Nebraska Supreme Court held that a will containing preprinted, typewritten, and handwritten portions satisfied the statutory requirement that a will be in writing. Because the document was signed by the testator and witnessed by two individuals, it was validly executed under Neb. Rev. Stat. § 30-2327, making analysis under the holographic-will statute unnecessary. The court reversed the denial of formal probate and remanded with instructions to admit the will.

Holdings

1. A document purporting to be a will satisfies § 30-2327's "in writing" requirement when it is otherwise sufficient, even if it is partly printed, partly typewritten, and partly handwritten, so long as the forms of writing substantively evidence testamentary intent.
2. When a will satisfies § 30-2327, it is validly executed, and further examination under the holographic-will statute is unnecessary.

Questions Presented

1. Whether a will containing preprinted, typewritten, and handwritten portions satisfies the statutory requirement that a will be "in writing" under Neb. Rev. Stat. § 30-2327.
2. Whether the county court erred by treating the document as a holographic will and denying formal probate under Neb. Rev. Stat. § 30-2328.

Disposition

reversed_and_remanded