Sample Essay on:
A Contested Will

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Essay / Research Paper Abstract

A 3 page essay that argues that a will that is being contested in the State of New York is legal. The writer paraphrases the appropriate statute in order to make this argument. No bibliography is offered.

Page Count:

3 pages (~225 words per page)

File: D0_khcwill.rtf

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Unformatted sample text from the term paper:

signatures of witnesses, which testify that the will and the signature of the testator are authentic, is carefully worded to cover all contingencies that might arise over these issues. In the assignment scenario, the relatives of the deceased are contesting her will, stating that the will does not have the correct number of signatures. However, a careful reading of the applicable statute shows that this is not the case. Below is a synopsis of the statute in question, which shows this to be true. Under the formal requirements for the execution and attestation of wills, the first subsections indicate that wills should be in writing and that it should be signed by the testator. Subsection A indicates that any additional instructions added to the will after the testators signature does not invalidate the main body of the will except when the "surrogate," that is the person executing the will, finds the added instructions to be necessary for the successful execution of the will. As this indicates, this law is quite precise in its language and intention. The point of the law is enforce the right of individuals to dispose of personal property after their death in the manner that they see fit. Therefore, the law recognizes that an individual might forget something and add more instructions under the necessary signatures. This subparagraph applies to such a contingency and offer guidance to those interpreting and executing the will. Subparagraph C applies to situations in which the testator is too ill to sign his/her own name and another individual signs the name of the testator. While the law recognizes the need for this contingency, the statute stipulates that when this occurs the person signing for the testator must indicate his/her name and address and cannot be counted as one ...

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