In re Estate of Rigsby
undisclosed (1992)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
When a holographic will is proposed on multiple, separate sheets of paper, it must be clearly apparent from the documents themselves that the testator intended for all the sheets to collectively constitute their single, integrated last will and testament.
Facts:
- Jessaline Pasquali Rigsby (Decedent) wrote two pages entirely in her own handwriting.
- She initialed and dated both pages at the top with the same date.
- One page began with a statement of testamentary intent ('Inasmuch as I do not have a will...') and was signed by Rigsby at the bottom.
- The second page consisted of a list of personal property items with names next to them, but it was not signed.
- Neither page made any reference to the existence of the other page.
- The dispositions of property on the two pages were partially conflicting, particularly concerning jewelry and cash.
- After Rigsby's death, her surviving spouse found the two pages folded together inside a ledger but not physically attached to each other.
Procedural Posture:
- A two-page handwritten document was offered for probate in the trial court as the holographic will of Jessaline Pasquali Rigsby.
- The trial court admitted the first, signed page to probate but refused to admit the second, unsigned page.
- Betty Dorsey, the decedent's sister and an appellant, appealed the trial court's order to the Oklahoma Court of Appeals.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Do two separate, unattached handwritten pages together constitute a valid holographic will when only one page is signed and neither page internally refers to the other?
Opinions:
Majority - Jones, Judge
No. When an instrument offered as a holographic will consists of more than one sheet, it must be clearly apparent that the testator intended them to form a single, integrated will. Here, the first page is dated, signed, and appears complete on its own, with the signature at the bottom suggesting finality. The second page is unsigned, is not referenced by the first, and contains provisions that conflict with the first page. The lack of internal connection and the inconsistencies support the conclusion that the second page was not intended to be part of the will and could have been a preliminary worksheet. Therefore, only the single, signed page constitutes the valid holographic will of the decedent.
Analysis:
This decision reaffirms the doctrine of integration and the principle of strict construction for statutory will requirements, especially for holographic wills. The court emphasizes that internal evidence of intent to connect multiple pages is paramount, and physical proximity alone (like being folded together) is insufficient. This case serves as a precedent that reinforces the need for clear textual connections, such as sequential numbering or sentences flowing across pages, to integrate multiple sheets into a single testamentary document. It highlights the risks for testators who draft their own wills without observing formalities that ensure clarity of intent.
Unlock the full brief for In re Estate of Rigsby