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In re Groffman | 2 All E.R. 108 (1969)
In any will-related litigation, the court usually strives to give effect to the testator’s wishes. But sometimes a court finds its hands tied because of the testator’s actions, as the parties learned in In re Groffman.
Charles Groffman had his lawyer prepare a will for him, but Groffman didn’t execute the will at his lawyer’s office. Sometime later, Groffman and his wife gathered with their friends David Block and Julius Leigh, and their wives, at Block’s home. Groffman asked Block and Leigh to witness his will, which Groffman had already signed. Groffman gestured to his inside coat pocket to indicate where the will was, but didn’t show the will to Block and Leigh. Because there wasn’t room to sign the will in the lounge where the men were, Block and Groffman went across the hall to the dining room, where Groffman showed Block the will with Groffman’s signature and asked Block to sign. After Block signed the will, he returned to the lounge while Leigh joined Groffman in the dining room. Leigh then signed the will.
Groffman died three years later, and his executors sought to probate the will. The will divided Groffman’s estate among his widow, her daughter from a previous marriage, and Groffman’s daughter from a previous marriage. If the will was invalid, however, Mrs. Groffman would receive the entire estate.
Mrs. Groffman contested the will’s validity, arguing that the document hadn’t been properly executed. After a hearing, the court issued its ruling.
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