In Re the Estate of Baker
386 P.3d 1228
Alaska2016Background
- In January 2010 Alva Marie Baker handwrote a document titled as her will disposing of various property to her daughter and grandchildren; Baker died in November 2013.
- The document was entirely in Baker’s handwriting and began with the exordium line “My name is Alva Marie Baker – My ‘will’ when I pass on is to go as follows!”
- Connie Sumrall (daughter) petitioned for adjudication of testacy and probate; two grandchildren (Whaley and Milwicz) contested probate.
- Parties stipulated the handwriting was Baker’s and agreed the question whether the handwritten name in the exordium satisfied AS 13.12.502(b) was a legal issue for the court.
- The superior court held the exordium name constituted a signature because the instrument appeared complete and thus met the holographic-will statute; the Alaska Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Alaska’s holographic-will statute requires the signature to be at the end of the will | Sumrall: The statute does not require a terminal signature; any handwritten signature suffices | Whaley/Milwicz: A signature must be at the end; otherwise the requirement is meaningless | Court: AS 13.12.502(b) does not require a terminal signature; location is not dispositive |
| Whether Baker’s handwritten name in the exordium satisfies the statute (i.e., shows signatory intent) | Sumrall: The name identifies the testatrix and the document appears complete, so it evidences finality and functions as a signature | Whaley/Milwicz: The name is mere identification (a material portion) and not a signature; intent cannot be inferred | Court: The name in the exordium can be a signature if the document shows completeness and the name was placed with intent to execute; here it did, so probate affirmed |
Key Cases Cited
- In re Bloch’s Estate, 248 P.2d 21 (Cal. 1952) (adopts approach that a name in the exordium may be a signature if instrument otherwise complete)
- In re Morgan’s Estate, 253 P. 702 (Cal. 1927) (exordium clause can satisfy signature requirement where intent and completeness appear)
- In re McMahon’s Estate, 163 P. 669 (Cal. 1917) (handwritten exordium adopted as execution where testatrix sufficiently manifested intent)
- In re Estate of Erickson, 806 P.2d 1186 (Utah 1991) (handwritten name not at end can be signature if evidence supports signatory intent)
- Nelson v. Texarkana Historical Soc. & Museum, 516 S.W.2d 882 (Ark. 1974) (exordium name linked to testamentary act supports inference of signature)