## Facts

- Francis M. McGahee and his second wife died in a helicopter crash on December 9, 1986.
- A multi-page document was found in an envelope in McGahee’s home office and admitted to probate as his will.
- The first page was a printed will form executed and witnessed on September 21, 1977; it contained a general revocation clause.
- In the dispositive-bequest space, the 1977 form did not list gifts; instead it referenced an “attached dated June 7, 1969” and included several later “Reconfirmed” notations with dates.
- The later pages were a handwritten instrument dated June 7, 1969, signed by McGahee, that set out the dispositive plan: one-half to his second wife, one-half to their children, and a $1 bequest to Andrew Murray Bell with an express exclusion from further participation.
- The decedent’s children from a first marriage objected, arguing the 1969 writing could not be incorporated by reference, leaving the 1977 form without operative dispositive provisions and causing intestacy.
- A subscribing witness testified that, when she witnessed the 1977 form, the 1969 writing was physically present with it and she read it.

## Issues

1. Whether the June 7, 1969 handwritten instrument was incorporated by reference into the September 21, 1977 attested will under Fla. Stat. § 732.512.
2. Whether the 1977 will’s revocation clause required a construction resulting in intestacy despite the references to an attached, dated writing containing dispositive provisions.

## Decision

- The appellate court reversed the probate court’s order that effectively resulted in intestacy.
- The court held the 1969 writing was incorporated by reference into the 1977 will under § 732.512.
- The estate was required to be administered according to the 1977 will as incorporating the dispositive provisions of the 1969 writing.

## Legal Principles

- Under Fla. Stat. § 732.512, a writing is incorporated by reference if: (1) it existed when the will was executed, (2) the will shows intent to incorporate it, and (3) the will describes it sufficiently to permit identification.
- References in an executed will such as “attached dated [specific date],” especially when the referenced writing is present with the will and matches the described date, can satisfy intent and identification requirements.
- An incorporated writing is treated as part of the will for construction purposes; a general revocation clause should not be read to negate the very writing the will expressly incorporates.
- Wills should be construed to effect the testator’s intent and avoid intestacy where a valid testamentary disposition can be achieved under governing law.

## Conclusion

The court concluded that McGahee’s 1977 attested form will validly incorporated the attached, dated 1969 handwritten dispositive plan by reference under § 732.512, so the estate had to be distributed under the combined testamentary scheme rather than by intestacy.


In re Estate of McGahee, 550 So. 2d 83 (Fla. Dist. Ct. App. 1st Dist. 1989)