This section contains the nature of the case and procedural background.

Harvey and his wife Rose each intended to execute mutual wills at a common execution ceremony. Each executed by mistake the will intended for the other. Harvey is survived by Rose and three children. Two of the elder children have executed waivers and have consented to admission. The minor child is represented by a guardian ad litem who refused to make such a concession. The argument is that Harvey lacked the required testamentary intent because he never intended to execute the document he actually signed.

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