2.99 See Answer

Question: Before Dora Diggs, a widow, died, she

Before Dora Diggs, a widow, died, she left a handwritten document that read, “I want Tom R. Preston and Mattie Price to be the administrators (executors) to settle my estate.” Following this she listed various assets. A dispute arose about whether the decedent, Diggs, intended to give Preston and Price general power to dispose of her property. If this were the interpretation, Preston and Price would be the beneficiaries. Other relatives claimed (a) the document was not really a will at all, (b) Diggs merely wanted to name executors, (c) the document lacked testamentary intent, and (d) Diggs died intestate. If this were the case, state intestacy laws would determine the distribution of property. The other relatives would benefit significantly if this position was the decision of the court. Did the disputed document fail to qualify as a will because of the lack of testamentary intent? [Preston v. Preston, 617 S.W.2d 841 (Texas)]
Principle of Law:


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