CA Bar Exam 練習答案: Wills and Trusts (July 2003)

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問題文

July 2003 Question 6
https://nwculaw.edu/pdf/bar/July%202003%20Essays%20and%20Sample%20Answers.pdf

In 1998, Tom executed a valid will. The dispositive provisions of the will provided:
1. $100,000 to my friend, Al.
2. My residence on Elm St. to my sister Beth.
3. My OmegaCorp stock to my brother Carl.
4. The residue of my estate to State University (SU).

In 1999, Tom had a falling out with Al and executed a valid codicil that expressly revoked paragraph 1 of the will but made no other changes.

In 2000, Tom reconciled with Al and told several people, “Al doesn’t need to worry; I’ve provided for him.”

In 2001, Beth died intestate, survived only by one child, Norm, and two grandchildren, Deb and Eve, who were children of a predeceased child of Beth. Also in 2001, Tom sold his OmegaCorp stock and reinvested the proceeds by purchasing AlphaCorp stock.

Tom died in 2002. The will and codicil were found in his safe deposit box. The will was unmarred, but the codicil had the words “Null and Void” written across the text of the codicil in Tom’s handwriting, followed by Tom’s signature.

Tom was survived by Al, Carl, Norm, Deb, and Eve. At the time of Tom’s death, his estate consisted of $100,000 in cash, the residence on Elm St., and the AlphaCorp stock.

What rights, if any, do Al, Carl, Norm, Deb, Eve, and SU have in Tom’s estate? Discuss. Answer according to California law.

答案