IN THE MATTER OF THE ESTATE OF: GLORIA WATERLOO, Deceased. JACK ZIMMERMAN, Appellant, v. VERNON H. ALLEN, JR.; REV. LEE ALLEN, SR.; THE ESATE OF DOROTHY GALE DUNCAN; RALPH M. ALLEN, JR.; STEVEN E. ALLEN; VIRGINIA WYATT CAVENAUGH; BENJAMIN F. ALLEN; ASHLEY ALLEN; JUNE ALLEN WILLIAMS; CLARENCE W. ALLEN; ERVIN RAY ALLEN; WILMER E. ALLEN; LAWRENCE E. ALLEN; GREG ALLEN, SR.; EAST VALLEY FIDUCIARY SERVICE, INC., as Personal Representative for the Estate of Gloria Anne Waterloo, Appellees., 226 Ariz. 492

Summary

The testator drew up a will that referenced an attached list of final instructions. Despite referencing the list, the testator failed to prepare and attach any such final instructions. After the testator's death, the probate court declined to admit the will, ruling that it could not ascertain the testator's complete intent without knowing what was to be contained in the list of instructions. On review, the court held that the testator's failure to create a list of final instructions that was to be attached to her will did not invalidate the testamentary intent with which she created the will.