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As we have seen in our discussions on various estate planning issues, estate planning attorneys have to be masters of “attention to detail.” Estate planning is not an area for the lackadaisical. Whether you’re drafting a will, challenging an existing will, establishing a trust, or performing some other estate planning task, estate planning requires a higher than average level of meticulousness than other disciplines. The reason is because even the smallest defect can have a catastrophic impact on a given project; defects which many might see as trivial, such as an unattached signature page, or missing name or date, can be immensely significant to the entire success of certain things. Good estate planning attorneys are tuned in to these seemingly minor details, and take extra measures to ensure that no requirement is left unaccounted for.
Given that Maryland law on wills stretches back a very long time, we shouldn’t be surprised to know that many foundational cases in Maryland estate law occurred decades ago. The case of Gross v. Burneston (1900) is an early case which contributed several important pieces of information to the law on the formation of enforceable wills. Let’s take a look at this important case.
Facts of the Case
A will was produced following the passing of Rachel Gross. Interested parties claimed that the will which was produced was actually not the valid will of Rachel Gross, but had come about at least partly due to fraud or undue influence. In its response, the executor of the will denied the allegations made in the caveat petition, claiming that a valid will had in fact been fully executed.
In its petition against the will, the “caveators” argued that the will testator (or “testatrix,” in this particular case) was burdened by the need to demonstrate a certain form of attestation of the will by credible witnesses. The caveators stated that, to create a valid will, the required witnesses needed to sign under the “verbal direction” of the testatrix, because such verbal direction was a necessary component of attestation under Maryland law.
Another major point discussed by the court in its opinion on this case related to the treatment of issues raised in the pleadings. The court emphasized the critical holding that the issues analyzed in the case should be those which arise directly from the language of the pleadings, and only legally relevant issues should be tackled. The parties attempted to add extraneous issues into the court’s analysis, and this attempt was rejected.
Ruling & Analysis
The case of Gross v. Burneston is certainly not a case which we expect our readers to master, but it’s still a relevant case today, and something which is especially useful for illustrating the extreme importance of attention to detail in the formation of wills. In its resolution of the case, the court clearly stated that the attestation requirement of witnesses could be satisfied without a direct verbal request; the testatrix didn’t need to directly “ask” witnesses for their attestation, but such attestation could be implied by other actions. Certainly the fact that credible witnesses signed in the presence of the testatrix, of their own volition, and were aware of the will’s contents and purpose, was critical when it came to establishing the intent of the witnesses. There was nothing which occurred, in other words, to indicate that the will had been procured via fraud or improper influence, and so ultimately the will was ruled enforceable.
The case of Gross v. Burneston is a bit complex, and its concepts may seem outdated, but the truth is that this is still good law today, and there are valuable lessons to draw. More than anything, this case highlights the importance of having a highly skilled attorney assist during the will formation process.
Contact the Murphy Law Firm for More Information
To learn more about the legal requirements of attestation of a will, how to petition against a will in court, developing an initial draft of a will, or any other related estate planning matter, contact one of the estate planning attorneys at the Murphy Law Firm today by calling 240-219-1187.
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