Cyfers v. Cyfers

Before she died, Decedent executed a Will. The Will had an “Exhibit A” attached to it at the time the Will was submitted to probate. The exhibit set forth bequests made by Decedent to various relatives. Both Exhibit A and the Will contained handwritten notices. After a dispute arose between the co-executors of the Will and some of the beneficiaries of the Will concerning the administration of Decedent’s estate, the co-executors filed a petition for declaratory relief. The circuit court granted summary judgment in favor of the beneficiaries, concluding (1) Exhibit A to the Will was properly incorporated by reference into the Will; (2) the handwritten notations found on the Will and Exhibit A that were made after the date the Will was executed were “surplusage” and could be disregarded; and (3) Decedent intended Exhibit A to be incorporated into the Will. The Supreme Court reversed, holding that there was insufficient evidence to allow Exhibit A to be incorporated by reference into the Will. View "Cyfers v. Cyfers" on Justia Law