Twohig v. Sweeney

Objectors/appellants James Thomas Sweeney and Susan Lorraine Sweeney Jansen appeal an order admitting to probate the unsigned codicil to the will of Thomas J. Twohig. They contend the codicil was neither valid on its face nor integrated with decedent’s formal will. We agree and reverse.

Decedent, an attorney, had four children from his first marriage: Riley, Clare, Sarah, and Brian. This marriage ended in 1958 with the death of his wife. In 1968 he married Lorraine June Twohig, who had two children, appellants herein, from a prior marriage. Appellants lived with their mother and decedent in decedent’s house. Decedent and Lorraine had no children of their own.

On August 15, 1973, decedent executed a formal will. Pursuant to paragraph 4 thereof, he left his entire estate to Lorraine. In the event she failed to survive him, he left it, in equal shares, to his four natural children and his two stepchildren. His will named Lorraine as executrix, and in the event she predeceased him, his brother Edward as alternate. Lorraine died October 22, 1982, thereby predeceasing decedent.

In December 1983, while decedent was ill, his son Brian, who lived with him, looked through his…