Wills Trusts & Estates keyed to Dukeminier
In re Estate of Laura
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Laura, Sr. created a will that disinherited the grandmother of Neil Chicoine III and Cecilia Chicoine. Later, Laura Sr. attempted to execute a codicil to a will that would have disposed his estate in three equal shares to Edward R. Laura Jr., Shirley Chicoine, and Richard Chicoine, and to Shirley and Edward’s respective children. However the codicil was not properly witnessed. Laura, Sr. never mentioned the grandchildren in the disinheritance clause. However he specifically mentioned the father of the great-grandchildren, Neil Chicoine, Jr. He also named the great-grandchildren’s grandmother, JoAnn in his will. Richard Chicoine on behalf of himself and the testator’s great grandchildren appealed the decision arguing because the great grand children were not named, they should take a portion of the estate under the pretermitted heir statute
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