In re Estate of Garbade
Brief

CitationIn re Estate of Garbade, 221 A.D.2d 844, 633 N.Y.S.2d 878, 1995 N.Y. App. Div. LEXIS 12291 (N.Y. App. Div. 3d Dep’t Nov. 22, 1995) Brief Fact Summary. The respondent and J. Robert Garbade executed a prenuptial agreement where both waived their right to take the elective share of the others estate. When Garbade died, the respondent elected to take her share of Garbade’s estate. Synopsis of Rule of Law. A duly executed prenuptial agreement is given the same presumption of legality as any other contract, commercial or otherwise. If a surviving spouse waives her right to tak ...

In re Grieff
Brief

CitationIn re Estate of Greiff, 92 N.Y.2d 341, 703 N.E.2d 752, 680 N.Y.S.2d 894, 1998 N.Y. LEXIS 3662 (N.Y. Oct. 27, 1998) Brief Fact Summary. A woman and a man executed an agreement where each waived their right to take an elective share against the other’s estate. The man died three months later and left his estate to his children of a prior marriage. The woman elected to take her statutory share. Synopsis of Rule of Law. If a party attacks the validity of a prenuptial agreement on a claim that here was an inequality in the bargaining status between the parties, the court must est ...

Estate of Shannon
Brief

CitationEstate of Shannon, 224 Cal. App. 3d 1148, 274 Cal. Rptr. 338, 1990 Cal. App. LEXIS 1400 (Cal. App. 4th Dist. Oct. 24, 1990) Brief Fact Summary. Russell Shannon executed a will in which he disinherited all persons who were not mentioned in the will. Shannon later married Lila Shannon. At Shannon’s death, Lila Shannon petitioned for determination of her heirship under an omitted spouse statute. Synopsis of Rule of Law. A will does not express a specific intent to disinherit a spouse if her specific name does not appear on the face of the will and the facts do not express a spe ...

Sullivan v. Burkin
Brief

CitationSullivan v. Burkin, 390 Mass. 864, 460 N.E.2d 572, 1984 Mass. LEXIS 1318 (Mass. Jan. 23, 1984) Brief Fact Summary. Ernest G. Sullivan executed a will and created an intervivos trust of all of his real property. He specifically failed to make a provision to the appellant, his wife Mary Sullivan, or his grandson, Mark Sullivan in the trust or the will. The appellant sought a determination that the trust property be included as a part of his estate. Synopsis of Rule of Law. A trust with a remainder interest is not an invalid testamentary disposition just because the settlor during his ...

Bongaards v. Millen
Brief

CitationBongaards v. Millen, 440 Mass. 10, 793 N.E.2d 335, 2003 Mass. LEXIS 584 (Mass. Aug. 12, 2003) Brief Fact Summary. Jean Bongaards’ mother created a trust and made her the life tenant. When Bongaards died, her husband petitioned the court that the trust property be included in his wife’s estate. Synopsis of Rule of Law. A surviving spouse may include the property of a trust within their deceased spouse’s estate if the trust was created by third party for the benefit of the deceased spouse ...

Wasserman v. Cohen
Brief

CitationWasserman v. Cohen, 414 Mass. 172, 606 N.E.2d 901, 1993 Mass. LEXIS 13 (Mass. Jan. 13, 1993) Brief Fact Summary. Frieda Drapkin created a will that disposed the residuary of her estate to her revocable intervivos trust. She devised a specific item of real property but sold it before her death. The Probate Court denied a request by the beneficiary to receive the proceeds from the sale of the building. Synopsis of Rule of Law. If a will and trust are executed as a part of one testamentary plan, the law of wills applies to the trust. If a specific devise in a will is not in existence ...

In re Estate of Cross
Brief

CitationIn re Estate of Cross, 664 N.E.2d 905, 1996 Ohio LEXIS 362, 75 Ohio St. 3d 530 (Ohio June 5, 1996) Brief Fact Summary. Beulah Cross, the surviving spouse of Caroll R. Cross, lived in an nursing home paid by Medicaid. To be eligible for Medicaid, Cross had to make herself available to all income that she might potentially be entitled to receive. A judge allowed Cross to take her intestate share of her husband’s estate against the will and Cross’s son appealed. Synopsis of Rule of Law. Taking against the will is necessary for a surviving spouse under a statute that provid ...

In re Estate of Cooper
Brief

CitationIn re Cooper, 187 A.D.2d 128, 1993 N.Y. App. Div. LEXIS 796, 592 N.Y.S.2d 797 (N.Y. App. Div. 2d Dep’t Feb. 1, 1993) Brief Fact Summary. William Thomas Cooper lived in a homosexual life partnership with Ernest Chin. Cooper left everything to the petitioner in his will with the exception of certain real estate that constituted over 80% of the entire estate. The Petitioner sought to take an elective share of the estate as Cooper’s surviving spouse. Synopsis of Rule of Law. A state surviving spouse election statute does not apply to homosexual life partners and does not vi ...

Dawson v. Yucus
Brief

CitationDawson v. Yucus, 97 Ill. App. 2d 101, 239 N.E.2d 305, 1968 Ill. App. LEXIS 1221 (Ill. App. Ct. 4th Dist. 1968) Brief Fact Summary. Nelle G. Stewart devised her interest in her late husband’s farm house to two nephews living on her husband’s side of the family. The trial court held the gift was not a class gift. A number of the beneficiary’s children appealed the decision. Synopsis of Rule of Law. Naming an individual beneficiary in a will prevents the gift from being a class gift unless the remaining provision in the will as applied to the facts show that the test ...

In re Moss
Brief

CitationIn re Moss, 91 B.R. 563, 1988 Bankr. LEXIS 1619, 20 Collier Bankr. Cas. 2d (MB) 1, 18 Bankr. Ct. Dec. 317 (Bankr. C.D. Cal. Sept. 26, 1988) Brief Fact Summary. A testator created a gift to his nieces and nephews. He named one niece, E.J. Fowler, and mentioned the others as the children of his other sister Emily Walter. E.J. Fowler predeceased the testator and the lower court ruled that her gift lapsed. Synopsis of Rule of Law. A class gift exists where the testator makes a gift from “X to A and a class of persons in equal shares.” ...

Estate of Russell
Brief

CitationEstate of Russell, 69 Cal. 2d 200, 444 P.2d 353, 70 Cal. Rptr. 561, 1968 Cal. LEXIS 236 (Cal. 1968) Brief Fact Summary. Russell executed a will disposing of all her real and personal property to a close friend and her dog. The trial court held that the gift to the dog was precatory in nature and that the testator intended that her close friend care for the dog. Another beneficiary in the will appealed the decision. Synopsis of Rule of Law. The anti-lapse statute applies to void gifts as well as beneficiaries who predecease the testator. Extrinsic evidence is admissible to prove t ...

Allen v. Talley
Brief

CitationAllen v. Talley, 949 S.W.2d 59, 1997 Tex. App. LEXIS 3948 (Tex. App. Eastland July 24, 1997) Brief Fact Summary. Allen created a will that disposed of property to her living brother and sisters. Synopsis of Rule of Law. In the absence of ambiguity, courts will construe a will based on the expressed language used in the will. ...

Jackson v. Schultz
Brief

CitationJackson v. Schultz, 38 Del. Ch. 332, 151 A.2d 284, 1959 Del. Ch. LEXIS 89 (Del. Ch. May 28, 1959) Brief Fact Summary. Leonard Bullock married Bessie Bullock and they had Synopsis of Rule of Law. The word “to A and her heirs” signifies words of limitation and not words meaning that the “heirs” are a substitute for A if she does not survive to take the gift. However if the word “or” is used, the latter class is a substitute for “A.” Courts will construct an “and” to be an “or” to carry out the testator’s in ...

Erickson v. Erickson
Brief

CitationErickson v. Erickson, 197 Minn. 71, 266 N.W. 161, 1936 Minn. LEXIS 811 (Minn. Mar. 27, 1936) Brief Fact Summary. Ronald K. Erickson and the defendant, Dorothy Erickson, executed two wills before their wedding. Extrinsic evidence revealed that Erickson’s attorney assured him his will was valid. The trial court admitted the will to probate and the appellant, Alicia Erickson, Erickon’s daughter, appealed the decision on grounds that Erickson’s subsequent marriage revoked the will. Synopsis of Rule of Law. Under statutory law, if a testator writes a will and later mar ...

Fleming v. Morrison
Brief

CitationFleming v. Morrison, 187 Mass. 120, 72 N.E. 499, 1904 Mass. LEXIS 1098 (Mass. 1904) Brief Fact Summary. Francis M. Butterfield created a will disposing of all of his real and personal property to Mary Fleming. Butterfield told Sidney Goodridge, one of the witnesses to the will, that the will was a fake created solely to induce Fleming to sleep with him. The Probate Court admitted the will to probate. Synopsis of Rule of Law. Extrinsic evidence is admissible to contradict the statements in a will that it is a will, that it had been signed by a person named as the testator, and attes ...

Arnheiter v. Anheiter
Brief

CitationArnheiter v. Arnheiter, 42 N.J. Super. 71, 125 A.2d 914, 1956 N.J. Super. LEXIS 332 (Ch.Div. 1956) Brief Fact Summary. Burnette K. Guterl made a disposition of her home. She correctly identified the street, city, and state where it was located as well as her one-half interest int eh property. However she did incorrectly identified the street number. Synopsis of Rule of Law. Where a description of a thing or person consists of several particulars and all of them do not fit any one person or thing, less essential particulars may be rejectd p[rovided the remaineder of the description ...

Estate of Gibbs
Brief

CitationIn re Estate of Gibbs, 14 Wis. 2d 490, 111 N.W.2d 413, 1961 Wisc. LEXIS 288 (Wis. 1961) Brief Fact Summary. George and Lena Adele Gibbs executed wills with an identical provision disposing of property to a “Robert J. Krause, now of 4708 North 46th Street, Milwaukee, Wisconsin.” However, they intended to make a gift to a “Robert W. Krause” who unbeknownst to the Gibbs, lived at a different address. Synopsis of Rule of Law. Courts should receive evidence tending to show that a mistake has been made when details such as the middle initials, street addresses and ...

Bush v. Schiavo
Brief

CitationBush v. Schiavo, 885 So. 2d 321, 2004 Fla. LEXIS 1539, 29 Fla. L. Weekly S 515 (Fla. Sept. 23, 2004) Brief Fact Summary. Theresa Schiavo lived in a vegetative state for over ten years due to a cardiac arrest. After about eight years, her husband, the respondent, Michael Schiavo, petitioned the guardianship court to authorize the termination of the life-prolonging procedures. Synopsis of Rule of Law. When a final judgment is issued in a court of law, and all post-judgment procedures are followed, the Legislature does not have the authority to pass a law that allows the executive bra ...

Mahoney v. Grainger
Brief

CitationMahoney v. Grainger, 283 Mass. 189, 186 N.E. 86, 1933 Mass. LEXIS 971 (Mass. 1933) Brief Fact Summary. Sullivan executed a will that disposed her real and personal property to her “heirs at law.” Extrinsic evidence revealed that she informed her attorney that she wanted to leave her property to her twenty-five cousins, equally. The trial judge ruled that Sullivan’s only heir at law was her aunt and not her twenty-five cousins. Synopsis of Rule of Law. Extrinsic evidence is not admissible when the beneficiary of a will can be identified on the face of the will. ...

Franklin v. Anna National Bank of Anna
Brief

CitationFranklin v. Anna Nat’l Bank, 140 Ill. App. 3d 533, 488 N.E.2d 1117, 1986 Ill. App. LEXIS 1740, 94 Ill. Dec. 870 (Ill. App. Ct. 5th Dist. Feb. 10, 1986) Brief Fact Summary. Frank A. Whitehead created a joint bank account with Cora Goddard and later changed the name on the account to plaintiff, Enola Stevens Franklin. Both women provided personal care for Whitehead while he was losing his eyesight. At his death, the circuit court awarded Goddard the funds in the bank account as the joint survivor. Synopsis of Rule of Law. A joint tenancy account presumptively creates a gift unl ...

Franzen v. Norwest Bank Colorado
Brief

CitationFranzen v. Norwest Bank Colo. (In re Franzen), 955 P.2d 1018, 1998 Colo. LEXIS 319, 1998 Colo. J. C.A.R. 1722 (Colo. Apr. 13, 1998) Brief Fact Summary. James Franzen created a trust giving that gave his wife, appellant Francis Franzen, the power to revoke or amend the trust if he predeceased her. Franzen was living in a nursing home when her husband died and her brother James O’Brien was her power of attorney. O’Brien sought to revoke the trust and have the assets turned over to him because he was taking care of the appellant’s affairs while she was living in a nu ...

Estate of Hillowitz
Brief

CitationIn re Estate of Hillowitz, 22 N.Y.2d 107, 238 N.E.2d 723, 291 N.Y.S.2d 325, 1968 N.Y. LEXIS 1363 (N.Y. 1968) Brief Fact Summary. Abraham Hillowitz was the partner in an investment club. He executed a partnership interest with the club and named his wife the beneficiary of the interest at his death. The District Court held the agreement was valid but the Appellate Division reversed the decision. Synopsis of Rule of Law. A partnership agreement that provides for a payment of the partner’s interest to a beneficiary upon his death is valid even though it does not comply with the ...

Cook v. Equitable Life Assurance Society
Brief

CitationCook v. Equitable Life Assurance Soc., 428 N.E.2d 110, 1981 Ind. App. LEXIS 1750, 25 A.L.R.4th 1153 (Ind. Ct. App. Nov. 30, 1981) Brief Fact Summary. Douglas Cook named the appellant, Doris Cook, the beneficiary of his life insurance policy. When he divorced, he executed a will leaving his insurance policy benefits to his new wife. However Cook failed to notify the insurance holder that he wanted to change the beneficiary of his policy. Synopsis of Rule of Law. Beneficiaries of a life insurance policy may not be changed by a will if the policy contract provides a specific method fo ...

Egelhoff v. Egelhoff
Brief

CitationEgelhoff v. Egelhoff, 532 U.S. 141, 121 S. Ct. 1322, 149 L. Ed. 2d 264, 2001 U.S. LEXIS 2458, 69 U.S.L.W. 4206, 2001 Daily Journal DAR 2861, 25 Employee Benefits Cas. (BNA) 2089, 2001 Colo. J. C.A.R. 1477, 14 Fla. L. Weekly Fed. S 147 (U.S. Mar. 21, 2001) Brief Fact Summary. David A. Egelhoff named the petitioner, his wife, Donna Rae Egelhoff, the beneficiary of his life insurance policy and pension plan that he received while working at Boeing. Both the life insurance policy and the pension plan were governed by the federal Employment Retirement Income Security Act, (ERISA). Later ...

Clymer v. Mayo
Brief

CitationClymer v. Mayo, 393 Mass. 754, 473 N.E.2d 1084, 1985 Mass. LEXIS 1308 (Mass. Jan. 28, 1985) Brief Fact Summary. Clara A. Mayo and the appellee, James P. Mayo, executed wills and trusts in which each made the other their beneficiary. After the couple divorced, the appellee executed another will in favor of his new wife. When Mayo died, the appellee was the named beneficiary of Mayo’s trust. Synopsis of Rule of Law. Under statutory law, unfunded trusts that are intended to be funded by a pour-over will are valid if the trust agreement is executed before the testator’s dea ...