Should the duplicate of the will be admitted to probate


Problem

The decedent, Jennie Obernolte, was a lonely and fearful woman that lived off and on with only her handyman, Mayers. Obernolte executed an original and left a duplicate at her attorney's office under which she left her estate to her only child, Wilson, Wilson's two grandchildren, and Obernolte's three siblings. Obernolte's contact with these family members was almost entirely by telephone. Obernolte put the original will in a locked chest in her bedroom. Only her and her sister had keys to the locked chest.

Obernolte was unhappy with all her family members, complained they never visited her, and suffered from depression. Accordingly, one month after executing her will (and one month before she died), she told at least two people that she was tearing it up so she wouldn't leave anything to anyone and they would have to fight for it. In contrast, during the two months between the making of her will and her death, Obernolte expressed concern about the security in her apartment regarding the original of her will and suggested to move it elsewhere in her apartment. Further, when she visited her attorney's office shortly before her death, she did not mention destroying her will or having it redone to her attorney. She also did not mention these things to her attorney's secretary, although she had spoken to the secretary at length at least seven times about how lonely she was and about her fears of safety.

When Obernolte died, Wilson searched for, but could not find, the original will in decedent's apartment. A few days after the funeral, Wilson went to the attorney's office to view the duplicate of the will and became unhappy and distressed upon seeing it.

• Should the duplicate of the will be admitted to probate? (Explain).

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Business Law and Ethics: Should the duplicate of the will be admitted to probate
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