Wills Trusts & Estates keyed to Dukeminier
Via v. Putnan
Edgar Putnan executed a mutual will with his wife Joann Putnan. Each agreed not to do anything that would defeat the distribution scheme of their wills. Joann Putnan died and did nothing to disrupt the distribution scheme of her will. Edgar Putnan remarried Rachel Putnam. Rachel Putnam elected to take her elective share as a pretermitted share. Edgar Putnam’s children from his first marriage sought to claim a judgment against their father’s estate as third party beneficiaries of his mutual will. The trial court held that the children were third party beneficiaries of their parents wills and that Edgar Putnam breached the contract by remarrying and upsetting the distribution scheme. The Appellate Court reversed.
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