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this unequal disposition of her estate among her four
grandchildren. With respect to the four parcels of farmland
involved in the instant case, the will generally provided that
two of the parcels would be given to Greg, one parcel would be
given to Janet, and one parcel would be given to Lori. In the
will decedent further stated that she expected "any land to
remain in the family. If any heir wishes to sell his or her
land, the other heirs are to be given an option to buy it at
current market price."
Ultimately, the above holographic will provisions concerning
the four parcels never became operative because of certain
discussions that took place between Jerry and decedent. In their
discussions sometime after decedent's execution of the June 19,
1984, holographic will, Jerry persuaded her to treat her
grandchildren, Greg, Janet, Kimberly, and Lori, equally. Jerry
told decedent that if she implemented her testamentary plan to
treat the grandchildren unequally, he would remedy any disparity
by leaving more of his own property to those who received less
from her.
As a result of his first wife's death in the early 1960's,
Jerry became acquainted with Steve Shadle, an attorney practicing
in Yuma County who specializes in estate work and estate
planning. Over the years, Mr. Shadle had also performed
occasional legal work for decedent and her former husband.
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