Becraft v. Becraft

628 So. 2d 404 (1993)

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Becraft v. Becraft

Alabama Supreme Court
628 So. 2d 404 (1993)

Facts

Lowell Becraft Sr. (Dr. Becraft) was married twice. Dr. Becraft’s first wife, with whom he had four children, predeceased him. Dr. Becraft was then married to Elizabeth Becraft (plaintiff) until his death. Dr. Becraft made Elizabeth a beneficiary to a $25,000 life-insurance policy, but he did not modify the will he executed before marrying Elizabeth, which did not mention Elizabeth. Following Dr. Becraft’s death, Elizabeth filed a petition seeking an omitted spouse’s share of Dr. Becraft’s estate. Charles Becraft (defendant), as executor of Dr. Becraft’s estate, opposed the petition. Three of Dr. Becraft’s children—including his son, Larry Becraft, who was an attorney—testified that Dr. Becraft had said many times that his entire estate would go to his children. Elizabeth testified to the contrary. The trial court granted Elizabeth’s petition. In so holding, the trial court reasoned that Dr. Becraft was a well-educated man with an attorney as a son, so if Dr. Becraft had intended to disinherit Elizabeth, he would have done so by executing a codicil or a prenuptial agreement. The trial court also noted that the $25,000 life-insurance proceeds were less than what Elizabeth would have received under intestate succession. The executor appealed.

Rule of Law

Issue

Holding and Reasoning (Almon, J.)

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