Codicil Written in Blood Found to be Valid [New Jersey]

The Superior Court of New Jersey, Appellate Division, decided the case In the Matter of the Will of E. Warren Bradway, affirming the judgment of the Superior Court of New Jersey, Chancery Division that the decedent’s codicil [Download Bradway Codicil written in Blood], handwritten in his own blood, was valid due to clear and convincing evidence it was the decedent’s intention to modify the previous will, and affirming an order denying sanctions and attorney’s fees against the defendant because the eccentricity of the blood transcribed codicil allowed for the litigation to not be frivolous.

The decedent, E. Warren Bradway, had executed a will in 2001, effectively replacing his prior 1977 will. The 2001 will named his significant other at the time, Mark Coleman, as the prime beneficiary and executor. The two broke up in 2004 and no longer lived together. Later that year, Warren began a relationship with Kirston Baylock. Early 2006 Bradway wrote a codicil with his blood, naming Baylock as the prime beneficiary and executor, replacing Coleman in the 2001 will.

In 2011 Bradway moved in with Baylock, bringing along the 2001 and 2006 codicil. Bradway died unexpectedly in April of 2017. Bradway filed as executor, but Coleman claimed the domicil was not valid due to the nature of the instrument. Both parties had DNA and handwriting experts as witnesses, and had to use Bradway’s brother’s DNA to determine that the blood on the document was 99.99% related to the brother. At trial the court found for the estate by directed verdict.

See IN THE MATTER OF THE WILL OF E. WARREN BRADWAY, 2018 WL 3097060 (N.J. June 25, 2018).