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MATTER OF ESTATE OF BUCKLEY

No. 76-1078.

536 F.2d 580 (1976)

In the Matter of the ESTATE of Dorothy D. BUCKLEY, Deceased. Appeal of Ethel PAIEWONSKY, a petitioner, and The Roman Catholic Church, Prelature of the Virgin Islands, Inc., a purported beneficiary.

United States Court of Appeals, Third Circuit.

Decided June 3, 1976.

Attorney(s) appearing for the Case

John E. Stout, Grunert, Stout, Hymes & Mayer, Charlotte Amalie, St. Thomas, V. I., for appellants.

George H. T. Dudley, Jr., Edith L. Bornn, Bornn, Finucan & Bruno, Charlotte Amalie, St. Thomas, V. I., for appellee.

Before VAN DUSEN, ADAMS and ROSENN, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

This appeal presents, in effect, a conundrum: When is a holographic will not a holographic will?

I.

Dorothy Davenport Buckley died on October 7, 1975. She left two purported wills. One, executed on March 29, 1972, gave her estate to a variety of charitable institutions. It was typewritten, dated, and signed by Mrs. Buckley and by witnesses, and therefore complied with 15 V.I.C. § 13. The other...

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