February 11th, 2014
Co-executors of the estate of Lois Jayne Cyfers Miller, decedent, filed a petition for declaratory relief seeking determination of whether the handwritten notations on the Last Will and Testament altered the Will, and whether an attachment labeled Exhibit A was validly incorporated by reference to the Will. Petitioners appeal the order of the circuit court entered November 28, 2012, granting judgment in favor of respondents. The circuit court found that the handwritten notations on both the Will and the attachment, Exhibit A, were surplusage, and the decedent's testamentary intent was clearly reflected on the face of the Will and Exhibit A. Petitioners contend that Exhibit A to the Will is an invalid testamentary instrument that should not control the disposition of assets.
