In the Matter of the Estate of P. Richard Meyer, Deceased: Miracles Meyer, Personal Representative for the Estate of P. Richard Meyer v. Kelly Catherine Fanning
2016 WY 6
Wyo.2016Background
- Meyer executed a will that appeared self-proving under Wyo. 2-6-114 but witnesses could not recall signing in each other’s presence.
- One witness was also the notary, and the district court found the will not self-proving based on witness recollections and notarization.
- Petitioner Fanning challenged probate, claiming the will was improperly executed and not provable; Meyer’s estate sought probate.
- The attestation clause stated the witnesses signed in the testator’s conscious presence; both witnesses attested to the signatures.
- District court held two potential defects: lack of presence of both witnesses at signing and improper notarization; court thus denied probate proof and granted summary judgment for Fanning.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a non-self-proving will can be proven when witnesses don’t recall signing in each other’s presence | Fanning: lack of mutual presence prevents proof under §2-6-205 | Meyer: other proof methods under §2-6-203/205 allow admission | Yes; the will may be proven by other methods and remanded for proof under §2-6-203/205 |
| Whether §2-6-205(a) requires witnesses to sign in presence of each other when proof is by affidavit | Fanning: affidavit requirements control; presence relevant | Meyer: §2-6-205(a) applies to affidavit proof, not deposition; broader due execution rules apply | The affidavit-specific presence requirement applies only to §2-6-205(a); others may prove due execution without that specific element |
Key Cases Cited
- In re Stringer’s Estate, 80 Wyo. 389, 343 P.2d 508 (Wyo. 1959) (witness memory lapse does not void due execution; extrinsic proof permitted)
- In re Estate of Altman, 650 P.2d 277, (Wyo. 1982) (Wyo. 1982) (jury credibility governs attestation; extrinsic evidence allowed)
- In re Estate of Zelikovitz, 923 P.2d 740, (Wyo. 1996) (Wyo. 1996) (notary may witness; limit on self-proving when notary signs as notary and witness as witness)
- Matter of Estate of Croft, 713 P.2d 782, (Wyo. 1986) (Wyo. 1986) (extrinsic evidence to correct misdated will; liberal probate approach)