On July 1, 2000, Theresa, a widow, duly executed a will prepared by her attorney, Art, which was witnessed by Art and Wendy, Art's assistant. The will contained the following provisions:
1. I direct that ten per cent (10%) of my net estate be given to a charity which helps indigent children, in accordance with a writing which will be found in my safe at home.
2. I give $10,000 to my daughter, Debra.
1. I direct that ten per cent (10%) of my net estate be given to a charity which helps indigent children, in accordance with a writing which will be found in my safe at home.
2. I give $10,000 to my daughter, Debra.
3. I give my residuary estate to my friend, Frank.
4. I designate my sister, Sarah, as Executrix.
5. If any beneficiary contests this will for any reason whatsoever, he or she shall forfeit all
rights granted under this will.
Art kept the original of Theresa's will at his office. Art gave Theresa a photocopy of her will
and a written receipt stating that he had retained the original. Theresa kept these two documents in the safe at her residence.
On June 30, 2005, Theresa died, leaving a net estate valued at $1,000,000. Theresa was
survived by her adult daughter, Debra, her sister, Sarah, and her friend, Frank. After Theresa died, Sarah opened the safe in Theresa's home, where she found the photocopy of Theresa's will and the written receipt from Art for the will. Theresa's safe also contained a letter signed by Theresa dated August 1, 2000, which directed Sarah to give ten per cent (10%) of Theresa's net estate to C Co., a charitable organization which helps indigent children. Theresa had made substantial gifts during her lifetime to C Co. When Sarah contacted Art to obtain the original of Theresa's will so that she could have it probated, Art informed her that recently a fire had destroyed his entire office, including Theresa's will. Thereafter, Sarah filed the photocopy of the will found in Theresa's safe with the Surrogate's Court, and petitioned to have the will probated. Debra filed objections to the probate of Theresa's will on the basis that the will submitted was not an original, but only a photocopy. In addition, C Co. argues that (a) Theresa's letter of August 1, 2000 should be incorporated by reference into the will or, in the alternative, (b) the court should apply the doctrine of cy pres and award the charitable bequest to C Co.
(1) Should Theresa's will be admitted to probate over Debra's objection that only a
photocopy was submitted?
(2) If Theresa's will is admitted to probate, will Debra be entitled to inherit?
(3) If Theresa's will is admitted to probate, how should the court rule on C Co.'s arguments?
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