Estate of Irving Duke, Deceased. Seymour Radin, Petitioners and Respondents v. Jewish National Fund…

Summary

The court held that an unambiguous will may be reformed when clear and convincing evidence proves both a mistake in expressing the testator's intent at the time the will was drafted and the testator's actual specific intent at that time. The charities' allegation that the testator intended them to inherit if his wife was not alive when he died was sufficiently specific to support possible reformation. The court reversed and remanded for consideration of extrinsic evidence under that standard.