WILLS - REFERENCE TO OTHER WRITINGS - INCORPORATION OF A LETTER WRITTEN SUBSEQUENT TO A WILL BUT PRIOR TO A CODICIL

Authors

Michigan Law Review, University of Michigan Law School

Abstract

March 25, 1932, testator made a will bequeathing money to his executors to be distributed by them "as shall be directed by me in a letter that will be found in my effects . . . which . . . will be dated March 25, 1932." The letter was in fact dated July 3, 1933. Subsequent to the latter date a codicil was executed reaffirming the will but failing to make special mention of the letter. On the first appellate hearing the court refused to allow the letter to be incorporated by reference, because it was not in existence at the time the will was executed. On appeal, held, the republication of a will by a later codicil incorporates by reference a prior informal document not in existence when the will referring to it was executed. Simon v. Grayson, 15 Cal. (2d) 531, 102 P. (2d) .1081 (1940).

Recommended Citation

Michigan Law Review, WILLS - REFERENCE TO OTHER WRITINGS - INCORPORATION OF A LETTER WRITTEN SUBSEQUENT TO A WILL BUT PRIOR TO A CODICIL, 39 Mich. L. Rev. 1055 (1941).
Available at: https://repository.law.umich.edu/mlr/vol39/iss6/30