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Wills, Trusts & Estates Keyed to Sterk
Shimp v. Huff
Citation:
556 A.2d 252 (1989)Facts
Lester Shimp married Clara in 1941, and in 1954, they purchased a farm and later a home, holding both properties as tenants by the entireties. In 1974, they executed a joint will in which they bequeathed their entire estate to the survivor and made specific gifts to family members and others. Clara died in 1975, but Lester did not probate the will. Instead, he petitioned the court to execute a new will. The court determined the joint will was revocable but that a binding contract had been created, which could be enforced in equity. Lester did not alter the will thereafter. In 1985, Lester married Lisa Mae, and he passed away in 1986. Lisa Mae sought her statutory share of his estate but was denied by the personal representatives of Lester’s estate, who had probated the original joint will of Clara and Lester.
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