Castruccio v. Estate of Castruccio
169 A.3d 431
| Md. | 2017Background
- Peter Castruccio signed the 2010 Will in the presence of three witnesses on Sept. 29, 2010; he signed page 5 and the witnesses signed page 6, with uncertainty whether the pages were physically connected.
- The 2010 Will comprises six pages; it names items including a residuary clause favoring Darlene Barclay and cash bequests to several individuals, with a clause that the rest goes to Sadie if she has a valid will.
- Sadie Castruccio filed a Petition to Caveat Will in 2013 after Peter’s death and sought transmission of issues to the circuit court; the Orphans’ Court transmitted seven issues to the circuit court.
- The circuit court granted summary judgment on all issues except attestation, finding the will satisfied statutory requirements and that the presumption of due execution attached; Sadie appealed.
- This Court held that attestation does not require the witnesses to sign on the same page as the testator or on physically connected pages, upheld the presumption of due execution, and affirmed the circuit court’s summary judgment for the Estate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether attestation requires same-page or physically connected pages | Castruccio argues pages were separate and not connected | Estate/Barclay contend Shane’s rule does not apply to loose pages of a multi-page will | Attestation does not require same-page or connected pages |
| Whether imperfect attestation clause invalidates the will or presumption of due execution | Imperfect clause and misstatement of initials undermine validity/presumption | Attestation clause not essential; sufficient surrounding evidence supports due execution | Presumption of due execution attaches; imperfect clause does not invalidate the will |
| Whether summary judgment was proper given disputed facts about stapling/initials | Disputed facts about stapling/initials show genuine issues | Disputed facts irrelevant to validity; record shows prima facie execution | Summary judgment proper; no material facts preclude |
Key Cases Cited
- Slack v. Truitt, 368 Md. 2 (Md. 2002) (attestation clause not sine qua non; due execution can attach without clause)
- Van Meter v. Van Meter, 183 Md. 614 (Md. 1944) (attestation evidence and statute conformity govern validity)
- Casson v. Swogell, 304 Md. 641 (Md. 1985) (attestation proof may rely on witnesses and statute; signs need not be adjacent)
- Groat v. Sundberg, 213 Md. App. 144 (Md. Ct. App. 2013) (presumption of due execution requires prima facie evidence; burden shifts to caveator)
- Waters v. Waters, 35 Md. 531 (Md. 1872) (early formulation of testamentary attestation requirements)
- In re Kaiser’s Estate, 34 N.W.2d 366 (Neb. 1948) (attestation on different sheet; physical connection considered in context)