Reference no: EM13860347
In 1995, Walt, a widower, executed a will prepared by his lawyer, Len, which contained the following dispositive provisions:
1. I give and devise my residence to my daughter, Amy.
2. I give and bequeath my 100 shares of C Corp. to my son, Ben.
3. I give and bequeath $100,000 to my son, Cal.
4. I give and bequeath $100,000 to the American Red Cross.
5. I give, devise and bequeath all of the rest, residue and remainder of my estate to my grandson, Dave.
Walt signed the will at Len's office, and at Walt's request, Len and Walt's son, Ben, signed as witnesses in the presence of Walt and each other after Walt acknowledged that the document was his will.
In 2000, Walt duly executed a new will which expressly revoked any and all wills previously made by him. In 2001, Walt decided that he did not like the terms of the 2000 will and physically destroyed it by his own hand.
Walt died last year, survived by Amy, Ben, Cal, and Dave. Dave is Walt's only grandson and is the son of Walt's deceased son, Ed. The 1995 will has been admitted to probate over the objections of Cal that the 1995 will had not been properly executed and that, in any event, it had been revoked.
Walt's residence has been valued at $300,000, and his 100 shares of C Corp. have been valued at $200,000. After payment of all debts, expenses and taxes, the net estate, including the residence and the C Corp. shares, is $600,000.
(1) Was the 1995 will properly executed?
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