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testimonywill

Related Cases

Gifford v. Dyer, 2 R.I. 99, 1852 WL 1678, 57 Am.Dec. 708

Facts

Abigial Irish executed her will on December 4, 1850, believing her only son, Robin Gifford, to be deceased after he had been absent for ten years. The will bequeathed her estate to her brother-in-law and two nephews, omitting any mention of her son. Testimony revealed that the testatrix had expressed her belief that her son was dead and had considered the implications of not including him in her will.

It appeared in evidence, that at the date of the will, Robin Gifford had been absent from home, leaving a family, for a period of ten years, unheard from; that all the neighbors considered him dead, and that his estate had been administered upon as of a person deceased.

Issue

Whether the testatrix's mistake regarding her son's status could be proven to affect the validity of her will.

Whether the mistake regarding the status of a beneficiary could be proven to affect the validity of the will.

Rule

A mistake regarding the status of a beneficiary must appear on the face of the will, and the court will not allow external testimony to prove such a mistake.

The mistake must appear on the face of the will, and it must also appear what would have been the will of the testatrix but for the mistake.

Analysis

The court analyzed the will and the circumstances surrounding its creation, determining that the testatrix's belief that her son was dead was not sufficient to invalidate the will. The court found that the testatrix's intentions were clear and that she would not have included her son as a beneficiary even if she had known he was alive.

It is very apparent in the present case, that the testatrix would have made the same will, had she known her son was living. She did not intend to give him anything, if living.

Conclusion

The court upheld the will of Abigial Irish, affirming that her intentions were accurately reflected in the document despite her mistaken belief about her son's status.

Thus, where the testator revokes a legacy, upon the mistaken supposition that the legatee is dead, and this appears on the face of the instrument of revocation, such revocation was held void.

Who won?

Abigial Irish's estate prevailed as the court upheld her will, reasoning that her intentions were clear and that the mistake regarding her son's status did not invalidate the will.

The court held that the mistake could not be proved by testimony dehors the will, but in order to affect the will, it must appear upon its face.

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