In Re Estate Of Javier Castro

Facts

Javier was told by medical personnel that he was in dire need of a blood transfusion. Javier understood that without it, he would die. Javier refused for medical reasons. Javier talked with his brothers, Miguel and Albie about a will. They did not have paper or pencil but had a Samsung Galaxy tablet. Albie’s tablet had S Note so that someone could write on the screen with a stylus pen. The written “document” could then be saved exactly as written. Javier dictated what he wanted, and Miguel would write it down. What was written was read back to Javier. Once completed, the entire document was read back. All 3 had discussions about each and every paragraph in the document. Before he could sign, Javier was transferred to another hospital. Later that same date, Javier signed the will in Miguel’s presence. Albie also testified that Javier signed in his presence. Oscar, a nephew, arrived shortly thereafter and was the third person to sign. Oscar did not see Javier sign, but Javier told Oscar that he had signed. Albie kept the tablet, which is password protected. Miguel and Albie testified that the will has not been altered since it was signed on December 30, 2012. They also testified that the copy printed for court was an exact duplicate. Dina, a niece, testified that Javier told her he had signed on the tablet. Two other witnesses so testified. Javier died on January 30, 2013. Miguel filed to probate the will and administer the estate. The document was 3 pages, 11 numbered paragraphs and stated it was Javier’s will. The last page contains signatures of Javier, Miguel, Albie, and Oscar. If Javier dies intestate, Javier’s father and mother would inherit. They did not contest the will. They also stated in open court if the will were not accepted they would distribute the estate according to the terms of the document. 

Issues

Rule of Law

Holding and Decision

Legal Analysis

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