Via v. Putnam

Edgar Putnam, decedent, executed mutual wills with his first wife, Joann Putnam. Both Edgar’s will and Joann’s will stated that the decedent spouse’s estate would pass first to the surviving spouse, and then to their five children (plaintiffs) as residuary beneficiaries upon the surviving spouse’s death. Both mutual wills also included a provision stating that the surviving spouse would not take any action to alter or frustrate the distribution scheme in the mutual wills, including disposing of assets prior to death in any way that would remove those assets from the residuary estate. Joann predeceased Edgar. Edgar subsequently married Rachel Putnam (defendant) but did not execute a will providing for her before his death. After Edgar’s will was admitted to probate, Rachel petitioned for a determination of her pretermitted spouse’s share. The children objected, arguing that (1) Edgar had breached the contract in his mutual will with Joann by marrying Rachel and subjecting the estate’s assets to her claim for a pretermitted spouse’s share, thereby reducing the residuary estate; and (2) the mutual wills gave the children a creditor’s contract claim against Edgar’s estate that had priority over Rachel’s claim as a pretermitted spouse. The district court held that Rachel’s right to a pretermitted spouse’s share took priority over the children’s claims as residuary beneficiaries of Edgar and Joann’s mutual wills. The children appealed.