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3. Testamentary Intent

3. Testamentary Intent. “Intent” not “ in tent”. Basic Concept. Testator must intend the very instrument the testator executes to be the will. Price v. Huntsman – p. 85. A classic “letter” case. Shiels v. Shiels – p. 88. A classic “initiation” case. Evidence of Intent.

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3. Testamentary Intent

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  1. 3. Testamentary Intent

  2. “Intent” not “in tent”

  3. Basic Concept • Testator must intend the very instrument the testator executes to be the will.

  4. Price v. Huntsman – p. 85 • A classic “letter” case.

  5. Shiels v. Shiels – p. 88 • A classic “initiation” case.

  6. Evidence of Intent • Looks like will – can bring in evidence to show no intent. • Does not look like will – cannot bring in evidence to show intent.

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