MATTER OF ESTATE OF MALLOY

No. 64873-5.

949 P.2d 804 (1998)

134 Wash.2d 316

In the Matter of the ESTATE OF Claire A. MALLOY. Mary S. MALLOY, Appellant, v. Herbert G. SMITH, Respondent.

Supreme Court of Washington, En Banc.

Decided January 22, 1998.


Attorney(s) appearing for the Case

Rodney T. Harmon, Bothell, for petitioner Malloy.

Whitmore-Phelps-Larsen Law Firm, P.S., by David J. Whitmore, Wenatchee, for respondent Smith.

Jeffers, Danielson, Sonn & Aylward, Gregory A. Lair, Wenatchee, for St. Joseph Catholic Church.


GUY, Justice.

In this appeal we are asked to determine whether a testator's penciled-in cancellation of a trust provision and of a specific bequest is effective as a "partial revocation" of her will or is an alteration or modification of the will and, therefore, subject to the formalities required for the execution of wills. We hold that an attempted revocation which significantly alters the design or result of a will creates a new will which must be executed and...

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