Markey v. Estate of Markey
Indiana Supreme Court
38 N.E.3d 1003 (2015)
- Written by Paul Neel, JD
Facts
Betty Markey died and was survived by her husband, John, and their child, David (plaintiff). John remarried Frances, his mistress of several years. John and Frances contracted to make and not revoke mutual wills leaving the property of the survivor to their grandchild, Gillian. John died. John’s property passed to Frances. Frances made another will revoking her mutual will with John and dividing her property between her own children, Madonna and Stephen. The will named Stephen personal representative. Stephen published notice of the estate’s administration in the local newspaper. Stephen made no other attempt to notify David and admitted the will to probate. David learned of Frances’s death nine months later and sued the estate (defendant) to enforce Frances’s contract not to revoke her mutual will with John. The trial court ruled for the estate, finding that David’s claim was time-barred. David appealed. The intermediate appellate court affirmed, and David appealed.
Rule of Law
Issue
Holding and Reasoning (Massa, J.)
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