WILLS-HOLOGRAPHIC-EVIDENCE AS TO TESTAMENTARY INTENT

The deceased had in her possession, at the time of her death, an envelope entitled \u27Will of Ella McNair. The envelope contained three separate sheets of paper dated some nineteen months prior to Ella\u27s death, upon which was written, entirely in the hand of the deceased, what purported to be a will. The document opened with the statement I, Ella McNair . . . do hereby make my last will. The exordium was followed by fifteen specific bequests, and then the writing ended abruptly at the middle of the back of the third sheet. At the top of the second sheet was written \u27Will of Ella McNair, and \u27Will. Ella McNair was at the top of the third. Ella had, with a few exceptions, followed the form of a holographic will provided by her attorney. She had omitted the clause revoking prior wills, the clause appointing an executor, and her signature. There was evidence that before and during Ella\u27s final visit to the hospital, the instrument in question was not regarded by her as her will, and that she was planning to draw up a new one. The will was admitted to the probate, and the contestants appealed. Held, affirmed, two justices dissenting. Taking into account the general appearance of the writing, the language and phraseology employed therein, . . . we are constrained to hold that there was, at least in the mind of Mrs. McNair, a document before her sufficiently complete to induce her to affix her name thereon [referring to the inscription \u27Will. Ella McNair\u27 at the top of the third page] in token of execution of the same as her will. In re McNair\u27s Estate, (S.D. 1949) 38 N.W. (2d) 449