Wills and Trusts Practice Exam #31.

The following events all occurred in state Y.

On July 17, 1992, Tom Testator in Lew Lawyer's office, in the presence of two disinterested witnesses, declared that the three-page typewritten document in front of him was his last will and testament. Testator then signed each of the first two pages in the margin but neglected to sign on the line at the end of the will at the bottom of page two. The two witnesses then signed an attestation clause, which was the only writing on page three.

The dispositive provisions of the will were:

$10,000 to my wife, Wanda; $10,000 to my niece, Nelda; Residue, one-half to my son, Sol, and the other one-half to State University.

On March 15, 1994, Testator delivered to Lew Lawyer an envelope containing two pieces of paper. On the first piece of paper was written:

Dear Lew Lawyer: I have changed my mind about my will. As you will see from the enclosed my son Sol gets nothing I have my reasons.

3/15/94 Tom Testator.

On the second piece of paper was written:

Entire residue to go to the Home for Stray Animals; Lew Lawyer to be executor without bond; all else as in 7/17/92 will.

Both documents are entirely in the handwriting of the Testator.

Testator died suddenly on March 16, 1994. He left surviving as his next of kin his wife, Wanda, his niece, Nelda, and his son, Sol. Under the applicable state law, the Home for Stray Animals cannot take under the will. Testator's entire estate is his separate property and has a value, after payment of taxes and expenses, in excess of $200,000.

How should Testator's estate be distributed? Discuss.

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