In Re Estate of Steed

Gene E. Steed, a lawyer, prepared his own will several times. At his death, competing applications were filed to probate three different wills. His sons originally filed in Ochiltree County to probate a will dated in 1980. After finding another will on his computer dated in 2001, they filed the 2001 will. Genes widow, Shirley Steed, filed in Morris County an application to probate a 1998 holographic will Gene sent her. After venue was set in Morris County, a jury determined that Genes holographic will was executed without testamentary intent and as a result of undue influence, and that the 2001 will was never executed. The trial court found the parties had waived the probate of the 1980 will and ordered the property distributed by the laws of intestacy. Both the sons and the widow appeal. The issues are: