Quimbee logo
DMCA.com Protection Status
From our private database of 18,300+ case briefs...

Shimp v. Huff

Court of Appeals of Maryland
A.2d 252 (1989)


Lester Shimp and his wife, Clara, executed a joint will, which granted the residue of the survivor’s estate to, among others, Mary Huff (Huff). The joint will stated that Lester and Clara intended to dispose of their property according to the common plan set out in the joint will, and that neither of them could amend or revoke the joint will after the death of the other. After Clara’s death, Lester filed suit for declaratory relief, requesting the right to execute a new will. The Court of Appeals of Maryland held that the joint will represented a valid, binding contract between Lester and Clara, and that while the will itself could be revoked or amended, the underlying contract to dispose of property in the manner set out in the will could be enforced by specific performance upon Lester’s death. Lester remarried, to Lisa Mae. At the time of his death, Lester had not revoked the joint will or executed a new will. Lisa Mae (plaintiff) filed an election for a statutory share of Lester’s estate, which Huff (defendant), as personal representative, refused to pay. Lisa Mae filed suit with the circuit court, seeking a declaratory judgment that she was entitled to an elective share of Lester’s estate.

Rule of Law


Holding and Reasoning (Murphy, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 487,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 487,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,300 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial