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Draft Office Memorandum (Assignment may also be found at “Assignment 5,” page 525 of your text)To: (student’s name)From: supervisory attorneyRe: Dixon v. CaryProbate of Holographic Will (See page 525, Assignment 5 in your text)We represent Holly Dixon, the widow of Thomas Dixon, in the case of Dixon v. Cary. She wishes to challenge the probate of Thomas Dixon’s holographic. Mary Cary, Mr. Dixon’s sister and the personal representative of his estate, has submitted a holographic will prepared by Mr.Dixon.The first half of the will is in Thomas Dixon’s handwriting. The second half is typewritten. It was typed by the next door neighbor, Edgar Mae. Mr. Mae states that Mr. Dixon asked him to finish the will because Mr. Dixon was too weak to continue. The will is signed by Mr. Dixon. There are no subscribing witnesses to the will, but it includes a self-proving affidavit that meets the requirements of the statute. Is the will admissible to probate under Texas law?Statutory Law: Tex. Pro. Code. Ann. § 59, Requisites of a Will (Vernon 1980), provides: “Every last will and testament . . . shall be in writing . . ., and shall, if not wholly in the handwriting of the testator, be attested to by two (2) or more credible witnesses . . .”Tex. Prob. Code. Ann. § 60, Exception Pertaining to Holographic Wills (Vernon 1980), provides: “Where the will is written wholly in the handwriting of the testator, the attestation of the subscribing witness may be dispensed with. Such a will may be made self-proved at any time during the testator’s lifetime by the attachment or annexation thereto an affidavit by the testator to the effect that the instrument is his last will: that he was at least eighteen years of age when he executed it . . .; that he was of sound mind; and that he has not revoked such instrument.”Case Law: Dean v. Dickey, 225 S.W.2D 999 (Tex. Civ. App. 1949). (see Appendix A in your Putman text)
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