Equitable Life Assurance Soc. v. Porter-Englehart

Facts

Testator had four children with Defendant Ex-Wife. In 1969, Defendant Ex-Wife and Testator were divorced. Notwithstanding, Testator executed a will in December, 1973, bequeathing his residuary estate to Defendant Ex-Wife as trustee for their children. The will contained the terms of the trust. Testator received two insurance policies from his employer in 1974. Later in 1974, Testator married Defendant Widow. This marriage, by operation of law, revoked the will executed prior to the marriage. Evidence indicated that Testator was unaware of this revocation that occurred as a matter of law. Testator named as the beneficiaries of his insurance policies Defendant Ex-Wife as trustee for his children (with a 70% beneficiary allocation) and Defendant Widow (with a 30% beneficiary allocation). Six months later, Testator was killed in a car accident. Plaintiff Insurance Company (Plaintiff) brought this matter to settle the insurance policy disbursements. Defendant Ex-Wife contends that 70% of the insurance proceeds are payable to her as trustee for her children in pursuance of the beneficiary designations. Defendant Widow argues that the proceeds should pass via intestacy into Testator’s estate (of which Defendant Widow is the administrator) since remarriage invalidated Testator’s 1973 will and therefore vitiated the beneficiary designations.