S-25-0743 In re Estate of Douglas G. Todd (Deceased). Chadd B. Todd, Personal Representative of the Estate of Douglas G. Todd (Appellee) v. Judy Sheets (Appellant)
Appeal from the County Court for Lincoln County, Judge Tanya K. Roberts-Connick
Attorneys: Randy Fair and Felicia K. Fair (Dudden & Fair, PC, LLO for Appellant) and Matthew D. Pederson (Pederson Law Office for Appellee)
Probate: Holographic wills and summary judgment
Proceedings Below: The personal representative and Appellant presented different documents that each party contended was Decedent’s will. The county court determined the document that the personal representative presented was a valid will and granted summary judgment to the personal representative. On its own motion, the Nebraska Supreme Court ordered this case to be transferred from the docket of the Nebraska Court of Appeals to its docket.
Issues: Appellant assigns the following errors: 1) The county court erred in sustaining Chadd Todd’s motion for summary judgment while denying Appellant’s motion for summary judgment; 2) The county court erred in not determining that the definition of Testator applies inclusively so both Douglas Todd and Appellant are the Testator allowing the admission of the handwritten Will; 3) The county court erred in not determining the recognition of the handwritten will documents as a joint holographic will; and 4) The county court erred in finding that the purported holographic will did not contain sufficient testamentary intent.