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Wills, Trusts & Estates Keyed to Sterk
Clymer v. Mayo
Citation:
473 N.E.2d 1084 (1985)Facts
Professor Clara A. Mayo and her ex-husband, James P. Mayo, created wills and trust indentures in 1973, with each spouse naming the other as the principal beneficiary. Professor Mayo’s estate was to pour over into a revocable trust after her death, with provisions for her nieces, nephews, and educational institutions. She later changed the beneficiary of her life insurance to a friend, Ms. LaFrance, and did not amend her trust after the Mayos’ 1978 divorce. Upon her death in 1981, the life insurance was paid to Ms. LaFrance, and the Weisses, her parents and heirs, contested the validity of the pour-over will, claiming the trust was not valid. The case consolidated several issues for appeal.
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