Wills Trusts & Estates keyed to Dukeminier
Erickson v. Erickson
Two days before their wedding, Erickson and the defendant executed mutual wills. During the course of the execution, the couple extensively discussed their wedding that was to take place two days later. The residue of Erickson’s estate passed to the defendant in his will. Almost seven years later, Erickson learned that he had a terminally ill disease. He died three years later. Before Erickson died, he had a meeting with his lawyer at the hospital. The will was retrieved and reviewed. Erickson’s lawyer assured him that his entire estate would pass to the defendant. The Probate Court admitted the will when Erickson’s will even though it did not contain a provision about the contingency of marriage. However the Probate Court ruled that the will contained a contingency clause because of the fact that the will bequeathed all of his estate to a woman that he did in fact marry two days later, and designated the defendant as his executrix and guardian of his daughters. The trial court affirmed the decision.
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