Wills Trusts & Estates keyed to Dukeminier
Marshall v. Marshall
Facts
Marshall promised to leave his wife, plaintiff, one half of his inheiritance. Up until the time that he died, he gave his wife generous gifts. The defendant restricted the plaintiff’s access to her husband’s money. When Marshall was terminally ill, the defendant purchased deferred annuities on his life to deplete Marshall’s assets. The defendant destroyed, backdated, altered, or perepared and presented to Marshall documents under false pretenses. The court ofund that the defensdant committed these acts to prevent Marshall from creating a will in his wife’s favor and to avoid the legal consequence of important dates including his marriage to plaintiff. The defendant relied upon the expertise of an estate planning lawyer when to carry out the scheme.
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