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Law of Wills, 2016A

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can come to no other conclusion without doing great violence to the meaning <strong>of</strong> N.J.S.A. 3B:3-3.<br />

While courts <strong>of</strong> other jurisdictions have found meaning despite the ignoring <strong>of</strong> pre-printed language<br />

in other documents, the document at hand simply does not permit any rationale interpretation when<br />

its pre-printed portions are disregarded. Any attempt to wring meaning inevitably requires resort to<br />

the pre-printed portions—a wholly impermissible approach.<br />

Our Legislature has adopted procedures governing the manner in which its citizens may distribute<br />

property upon death. This court is bound to enforce those laws. If the material provisions <strong>of</strong> the<br />

document are in the handwriting <strong>of</strong> the testator than the document may be admitted to probate as a<br />

holographic will; if not, then there must be two witnesses to the testator’s execution <strong>of</strong> the<br />

document. Here, neither <strong>of</strong> these choices has been presented. If it makes sense for a document such<br />

as that in question to be admitted to probate, it is up to the Legislature to say so.<br />

DISCUSSION ON SUBSTANTIAL COMPLIANCE IN VI IS OMITTED<br />

VII<br />

For these reasons, the document which plaintiff would have admitted to probate does not qualify as<br />

a holographic will. The complaint will be dismissed.<br />

APPENDIX<br />

12.3 Nuncupative <strong>Wills</strong><br />

A few states permit the probate <strong>of</strong> oral wills referred to as nuncupative wills. These wills are<br />

only valid for the disposition <strong>of</strong> personal property that is worth less than a specified amount.<br />

Nuncupative wills function as temporary wills for emergency situations. The circumstances must<br />

prevent the testator from being able to execute a traditional will. In order to be probated, the wills<br />

have to be reduced to writing.<br />

T. C. A. § 32-1-106. Nuncupative wills (Tenn.)<br />

(a) A nuncupative will may be made only by a person in imminent peril <strong>of</strong> death, whether from<br />

illness or otherwise, and shall be valid only if the testator died as a result <strong>of</strong> the impending peril, and<br />

must be:<br />

(1) Declared to be the testator’s will by the testator before two (2) disinterested witnesses;<br />

553

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