Put on Your Blinders and Get Your Earplugs: The Nebraska Supreme Court's Construction of the Nebraska Holographic Will Statute Excludes Evidence of Testator Intent in Estate of Foxtey v. Hogan, 254 Neb. 204, 575 N.W.2d 150 (1998)

Authors

Michael G. Rogers, University of Nebraska College of Law

Abstract

I. Introduction

II. Background … A. Holographic Wills and Codicils ... B. Construction vs. Interpretation of Wills ... C. Nebraska's Position Regarding the Handwritten Alteration of an Attested Will

III. Analysis ... A. Altered Holographic Wills vs. Printed Will Forms ... B. The Nebraska Probate Code's Requirement that the Material Provisions of a Holographic Will Be in the Handwriting of the Testator ... C. The Nebraska Supreme Court's Requirement That Ms. Foxley's Words Alone Must Establish Intent ... D. Ms. Foxley's Intent and the Circumstances Surrounding Her at the Time She Altered Her Attested Will ... E. The Unstated Concern That the Absence of Witnesses Casts Doubt on Whether Ms. Foxley Had Testamentary Intent When She Made Handwritten Alterations to Her Attested Will ... F. The Effect of Foxley on Holographs in Nebraska

IV. Conclusion

Recommended Citation

Michael G. Rogers, Put on Your Blinders and Get Your Earplugs: The Nebraska Supreme Court's Construction of the Nebraska Holographic Will Statute Excludes Evidence of Testator Intent in Estate of Foxtey v. Hogan, 254 Neb. 204, 575 N.W.2d 150 (1998), 78 Neb. L. Rev. (1999)
Available at: https://digitalcommons.unl.edu/nlr/vol78/iss1/8