Thelma executes a valid typewritten will in 1983 that contains the following provisions:
1. I name my brother Ed the executor of my estate.
2. I give $1000 to be divided among Jane, Bill, and Susan.
3. My household possessions are to be distributed in accordance with a list that I have left with Ed.
4. I give my beloved cat Frisky to my roommate, Randy.
5. I give one half of the rest of my estate to my beloved cat Frisky and the other half to my parents.
A few years after executing her will, Thelma retrieves it and crosses out all of article 1. She then handwrites on top of it: "I appoint Jane to be my executor," and signs and dates it (12/12/1990) in the margin next to the insertion.
Later, Thelma once again retrieves her will. Because of inflation, she crosses out the sum “$1000” in article 2 and writes "$2000" above it. Once again she places her initials and the date (3/4/1994) in the margin next to the change.
Thelma dies in 2005. At the probate proceedings, Ed produces an unsigned handwritten document from Thelma containing a list of household items and, next to each item, the name of a friend who is to receive the item. At the bottom is simply the date 1985.
Susan died 2 years before Thelma. Susan has no heirs but left a will giving her entire estate to the Punk Rock Hall 'o Fame. If it matters, Jane, Bill, and Susan are cousins of Thelma.
Thelma's roommate, Randy, appears at the probate proceedings. She testifies that she has taken in Frisky. Randy further testifies that Thelma told her that the gift of money to Frisky was actually intended to be used by Randy to pay for Frisky's food and other expenses. Assume that this is true.
Please address the following questions, in order. Explain the likely result, and why, in each case. Each question is roughly equal in terms of possible points, except that question 5 is weighted somewhat more:
1. Who is the executor, and why?
2. How much money is transferred by article 2?
3. What happens to Susan’s share in article 2?
4. Will the instructions on the list mentioned in article 3 be carried out?
5. What happens to the half of the residue given to Frisky?
NOTE: Do not use substantial compliance, dispensing power, or harmless error in your answer. Also, do not discuss details of intestacy—if you decide that part of the estate will pass by intestacy, just say so.
Finally, there is no secret or semi-secret trust issue in this question.