Hearing that you are the greatest wills and estates lawyer inthe country, Mary Jane Watson came to your office today to discussthe estate of her deceased husband, Peter Parker, who died of aspider bite on June 25, 2020.
Parker had written a will in June 2010, which in relevant partreads as follows: Disposition of Estate
A. I leave my comic book collection to my beloved wife, MaryJane Watson. If Mary Jane predeceases me, I leave the collection tothe Future Foundation, a 501(c)(3) charitable organization.
B. I leave $10,000 to my wonderful friend, Ned Leeds. C. I leave$40,000 to my siblings, share and share alike.
All the rest, residue, and remainder I leave to my best friend,Natasha Romanoff, and my Aunt May.
Parker had been having an affair with his best friend NatashaRomanoff, since 2009, and in September of 2016, Natasha died givingbirth to her daughter, Anna May. Anna May is Peter Parker’sdaughter, as well. In 2013, Peter had written a letter in his ownhandwriting to Natasha saying, “Natasha, everything I own isyours.†Peter signed the letter, and it was found with the 2010will, but it was torn into two pieces.
Peter had four siblings when the will was executed but only hissister Sarah survived him. All siblings were married and havesurviving children. Aunt May predeceased Peter, but left a son,Frankie. Anna May survived Peter.
1. Please explain to Mary Jane who will receive whatfrom Peter’s estate, and why if:
The jurisdiction is a pure per stirpes jurisdiction, and does notallow a residue of a residue, but does allow holographic wills.Furthermore, the jurisdiction’s anti-lapse statute applies tograndparents, and lineal descendants of grandparents.
2. If Mary Jane is not happy with her share of theestate, what options does she have? What challenges can she bringand how likely is she to prevail?
3. How might your answer change if Ned Leeds served as awitness to the 2010 will?