In re Estate of Lewis
Utah Supreme Court
738 P.2d 617 (1987)
- Written by Serena Lipski, JD
Facts
George K. Lewis was married to Rhoda Lee Lewis (defendant). Lewis executed a short holographic will stating that the first bequest was to “insure for [Rhoda’s] comfort, security and her fair portion.” Next, the will designated George’s brother, Ben E. Lewis (plaintiff), as executor. Ben was to seek the legal guidance of a specific attorney, and finally the will instructed Rhoda to “work harmoniously” with Ben and the attorney. Following George’s death, Ben filed a petition seeking the authority to distribute George’s estate under the intestate-succession statute. The intestate-succession statute limited the amount of an estate that could pass to a surviving spouse. Rhoda filed objections to the petition, arguing alternatively that the will gave a power of appointment to Ben, the will’s dispositive portions intended to devise the entire estate to Rhoda, the will should be construed to give Rhoda a widow’s intestate share, and the will was intended to give the bulk of George’s estate to Rhoda. The district court held that no power of appointment was created in the will and that the dispositive portion of the will was ineffective, leaving George’s estate to pass via intestate succession. Rhoda appealed.
Rule of Law
Issue
Holding and Reasoning (Hall, C.J.)
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