Court: |
Ethiopian Supreme Court |
|
Facts: |
Setrak made a will designating Chake as his sole heir. But the
requisite number of signatures (four, here) were not on the
document. When he dies, property goes to Artin as a result. |
|
Posture: |
The high court (on appeal) said that the will was invalid, and the
widow appeals. |
|
Issue: |
Do we honor this will, given that intent was clear but form was
invalid? |
|
Holding: |
Yes, it is valid. |
|
Rule: |
The intent is more important than the form-- that's why we have
the form, in fact, to make sure that the intent is real. |
|
Reasoning: |
The intent is obvious-- nobody disputes it. And if you've got
three reliable witnesses, a fourth wouldn't make the will
any more reliable. |
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Dicta: |
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