In Re Will of Ferree
848 A.2d 81, 369 N.J. Super. 136 (2003)
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Rule of Law:
A document created on a pre-printed will form is not a valid holographic will if, after disregarding all non-handwritten text, the remaining handwritten portions are unintelligible and do not express a complete testamentary intent.
Facts:
- Ronald D. Ferree died on July 13, 2002.
- A document purporting to be his Last Will and Testament was found near his body.
- The document was a pre-printed form will in which Ferree had filled in the blanks in his own handwriting.
- Ferree's signature on the document was witnessed by only one person.
- Plaintiff Charles Creel was a named beneficiary in the document but was not one of Ferree's legal heirs who would inherit if Ferree died intestate.
- When the pre-printed text is ignored, the remaining handwritten words consist only of names, addresses, initials, and dates, and do not form coherent, meaningful sentences or express any testamentary dispositions.
Procedural Posture:
- Charles Creel, a named beneficiary, filed a complaint in the Superior Court of New Jersey, Chancery Division, Monmouth County.
- The complaint sought to have a document executed by the decedent, Ronald D. Ferree, admitted to probate as a valid holographic will.
- Michael Ferree, the decedent's brother and an heir at law, opposed the admission of the document to probate.
- The case was presented to the Chancery Division on undisputed facts to determine the document's validity.
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Issue:
Does a pre-printed will form that has been filled in by a decedent qualify as a valid holographic will under N.J.S.A. 3B:3-3 if the handwritten portions, standing alone, are unintelligible without the pre-printed text?
Opinions:
Majority - Fisher, P.J.Ch.
No. A document containing pre-printed text does not qualify as a holographic will if the handwritten portions alone are meaningless. Under New Jersey law, a holographic will is valid if the 'signature and material provisions are in the handwriting of the testator.' To determine this, the court applies the 'surplusage' theory, which requires disregarding all non-holographic material. After eliminating the pre-printed words from Ferree's document, the remaining handwritten portions are just a collection of names and addresses, which are unintelligible and lack any testamentary meaning. The court cannot resort to the pre-printed text to give meaning to the handwritten words. Furthermore, the doctrine of 'substantial compliance' does not apply to the core requirements of a holographic will, as it is already an exception to the formal will execution requirements.
Analysis:
This case establishes a significant precedent in New Jersey as a matter of first impression regarding holographic wills on pre-printed forms. It formally adopts the 'surplusage' test, creating a bright-line rule that the handwritten portions must be independently intelligible to constitute a valid will. This decision clarifies that the 'substantial compliance' doctrine, used to cure minor defects in formally executed wills, cannot be used to save a holographic will where the material provisions are not in the testator's handwriting. The ruling emphasizes strict adherence to statutory requirements for holographic wills, potentially invalidating many DIY or 'store-bought' wills and reinforcing the importance of proper legal assistance in estate planning.
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