In re Will of Allen, 371 N.C. 665

Summary

The Supreme Court of North Carolina considered whether handwritten notations added to a typewritten will constituted a valid holographic codicil. The court held that the will and handwritten notation could together demonstrate testamentary intent despite referencing Article IV rather than restating it, but that ambiguity concerning the phrase “beginning 7-7-03” created a genuine issue of material fact for the jury. The court reversed the Court of Appeals and remanded for further proceedings.

Holdings

1. A holographic codicil need not quote in its entirety the language of the will that it intends to alter. A testator may validly reference a specific provision of the will without restating the entire provision, and the will and codicil must be construed together to determine testamentary intent.
2. The phrase "begin[n]ing 7-7-03" is sufficiently ambiguous to create a genuine issue of material fact regarding whether the testator manifested present testamentary intent. That factual question must be resolved by a jury, making summary judgment inappropriate.
3. The Court of Appeals erred by directing entry of summary judgment for the caveators. The case must proceed because the ambiguity concerning present testamentary intent presents a question of fact rather than a basis for judgment as a matter of law.

Questions Presented

1. Whether a handwritten codicil may validly reference and amend a specific provision of a previously executed typewritten will without restating the entire provision.
2. Whether the phrase "begin[n]ing 7-7-03" created a genuine issue of material fact concerning whether Allen manifested present testamentary intent.
3. Whether summary judgment was appropriate in the will caveat proceeding.

Disposition

reversed_and_remanded