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277) In addition, a celebrated case of a fraudulent nuncupative will came down in England in 1676, shortly before Parliament enacted the statute of frauds, underscoring to legislators the evidentiary hazards that attended these wills.
285) The requirement that the testator make a nuncupative will in a secure location helps to protect him or her, in the one circumstance where the testator benefits from protection.
288) Although one can find among the nuncupative will cases instances in which the memories of auditors conflicted, those conflicts have been minor.
2 (McKinney 2012) (neither limiting value nor barring realty but validating a nuncupative will only if made by military personnel during wartime, and invalidating the will three years after a mariner makes it, or one year after a member of the armed forces leaves the service); OKLA.
A nuncupative will represents a "special indulgence, as a last resort .
The reasoning was that the Argentine will was "nuncupative," and Florida law prohibits nuncupative wills.
The Florida law barring nuncupative wills was apparently designed to bar deathbed wills, and lawyers arguing for Isleno's Argentine will stressed the point that it was clearly not dictated on her deathbed.
The second section is a fascinating and careful exploration of issues of mental capacity and coercion, particularly surrounding nuncupative wills.