Integration
Integration is the idea that all the documents making testimentary intent at the time of execution is part of the valid will.
In re Estate of Rigsby
843 P.2d 856 (Okla. App. 1992).
Question
Whether page 2 is intended to be part of the will as offered on page 1.
Rule
All the pages need to show the testator’s intent and cannot be inconsistent.
Holding
The second page is not part of the will. Affirmed.
Facts
While going through Rigsby’s papers, her brother discovered a document folded together. Both were handwritten. The front page stated how the affairs were to be distributed and was signed at the bottom of the page. The second page was dated and initialed, but did not have any other signatures. This page listed what assets were to go to who. However, the distribution of assets were inconsistent.
Analysis
Neither page referenced the other. Because the second page was only initialed at the top of the page and there were inconsistencies, the second page is not considered part of the will.
Republication by Codicil
This doctrine states that when a codicil is published, then the original will is republished at the date of the codicil. However, if this goes against the testator’s intent, the doctrine is to be ignored.
Incorporation by Reference
In Writing
If a will references (and properly identifies) an already existing document, then the document is absorbed as part of the will.
Clark v. Greenhalge
582 N.E.2d 949 (Mass. 1991).
Question
Whether the notebooks were part of the will by incorporation.
Rule
The whole point of the allowing the doctrine is the freedom of the testator to adjust amend the will. If it was the testator’s intent and the document is clearly referenced, then the doctrine may apply.
Holding
The doctrine applies, the painting goes to Carter.
Facts
The testator appointed Greenhalge, her cousin, as executor of the estate in her will. Also part of the will referenced several notebooks written by the testator designating several aspects of the property.
The testator had a friend, Clark, who expressed interest in a painting hanging in the testator’s room. Consequently, the testator stated the painting would go to her when she died. This desire was later repeated several times by the testator and written in her notebook.
When she passed, Greenhalge took interest in the painting and refused to pass it on to Clark. This lawsuit followed.
Analysis
The testator clearly wanted the painting to go to clark. The will referenced the notebooks and included them as part of the will. Although the notebook was not titled “memorandum” as referenced in the will, it was clear this was one of the notebooks the will refered to. This was also furthered because the same notebook gave Greenhalge property, which he gladly took.
Additional Notes
Many jurisdictions only allow these types of transfers to occur if the value of the items are minimal in nature. There are some differences between juridisdictions deciding whether the writings need to be made before or whether the writings are allowed to be made after the will is executed.
Acts of Independent Significance
Sometimes a will will devise property to somebody and then later in the testator’s life sells that property to another (or replaces the property with an update). This rule allows the testator to take the newly replaced property.
