Estate of Liles
District of Columbia Court of Appeals
435 A.2d 379 (1981)
- Written by Serena Lipski, JD
Facts
Roscoe H. Liles and Mary F. Liles (defendant) were married for 30 years. In 1972 Roscoe executed a will leaving all of his property to Mary and designating several family members, including Lester J. Richards, as contingent beneficiaries (collectively, the contingent beneficiaries) (defendants) if Mary predeceased him. In 1975 Mary filed for divorce. Roscoe did not respond to or appear in the divorce proceedings, and the court issued a divorce decree dividing the couple’s property in 1977. Roscoe died in 1978 without changing his will. Mary petitioned for probate of the will. Roscoe’s two brothers and sister (collectively, Roscoe’s siblings) (plaintiffs) filed an action against Mary and the other contingent beneficiaries, contesting the will. Roscoe’s siblings argued that Roscoe’s will was revoked due to divorce and that Roscoe’s property should pass by intestate succession. The contingent beneficiaries argued that Roscoe’s property should pass as if Mary had predeceased him. The trial court held that the will had not been revoked and admitted the will to probate. Roscoe’s siblings appealed.
Rule of Law
Issue
Holding and Reasoning (Kelly, J.)
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