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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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In the estate of Dr. Esperanza Cruz, who died on March 28, 2025, a will dated March 15, 2025 was signed by the testator in his hospital room in the presence of two witnesses and contains a self-proved clause. The will bequeaths the bulk of the estate to his longtime nurse and disinherits his siblings. A petition for probate is filed by the nurse; one sibling objects, alleging: (a) at signing, the testator was heavily sedated and could not understand the act; (b) a paragraph on page 2 was inserted after signing; (c) one of the witnesses did not actually witness the signing, and the other did only as a relative of the nurse. The nurse counters that the will was properly executed and that the inserted paragraph is part of the will with valid attestation. (a) Identify the controlling doctrine governing the allowance or disallowance of the will under Rules 76-77. (b) Distinguish the grounds that would justify disallowance from those that would justify allowance. (c) Apply the facts to determine whether the court should admit or disallow the will and why.

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Clara

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