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ESTATE OF HOWARD ALSTON, Deceased

ESTATE OF HOWARD ALSTON, Deceased (3021/92) — The Petitioner seeks to admit to probate an instrument dated November 10, 1980 which contains multiple handwritten alternations in the form of strikeouts and interlineations. The instrument in its typewritten form and without regard to any alterations leaves decedent's entire estate to his wife, who is also the nominated fiduciary, and the Petitioner herein. Waivers of citation have been executed by all of the Decedent's intestate distributees.

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ESTATE OF HOWARD ALSTON, Deceased (3021/92) — The Petitioner seeks to admit to probate an instrument dated November 10, 1980 which contains multiple handwritten alternations in the form of strikeouts and interlineations. The instrument in its typewritten form and without regard to any alterations leaves decedent’s entire estate to his wife, who is also the nominated fiduciary, and the Petitioner herein. Waivers of citation have been executed by all of the Decedent’s intestate distributees.

Examining the alterations themselves, two offer mere precatory language which would be of no effect even if recognized as valid. The first of these states that the nominated executrix would be in charge of the Estate, the second states “see Doris or Diane” after a clause disinheriting two other distributees. Another alteration located at the end of a typewritten clause excluding Sheila A. Alston, one of Decedent’s daughters, from the will contains two lines through her name with the words “predeceased” written beneath. The final alteration added Tamika Alston, another daughter of the Decedent, as an alternate residuary beneficiary. This alteration would also be non-effectual since the Decedent was survived by the primary residuary beneficiary, his wife.

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