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Wills, Trusts & Estates Keyed to Gallanis
Shimp v. Huff
Citation:
556 A.2d 252 (Md. 1989)Facts
Lester Shimp married his first wife, Clara, in 1941. At the time of their marriage, neither Lester nor Clara possessed any property of consequence. Subsequently, in 1954, they acquired a farm which they sold in 1973; thereafter they bought a home. Lester and Clara took title to both the farm and the home as tenants by the entireties. On May 8, 1974, in Washington County, the couple executed an instrument titled “Last Will and Testament of Clara V. Shimp and Lester Shimp.” Clara died in 1975 in Washington County. At the time of her death she did not own property solely in her name and possessed no probate estate. Lester did not offer the will for probate following his wife’s death. On April 4, 1985, in Washington County, Lester married Lisa Mae; they remained married until his death on January 11, 1986. Lester was not survived by any children. Following Lester’s death, Clara and Lester’s joint will was admitted to probate in Washington County. Lisa Mae and Lester had not entered into any marital agreement waiving Lisa Mae’s marital rights, and she sought payment of a family allowance and filed an election for her statutory share of Lester’s estate.
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