In re Estate of Simpkins

SPECIAL TERM OPINION

WOZNIAK, Chief Judge.

FACTS

After the death of Edward J. Simpkins, his five devisees gathered to discuss a perceived ambiguity in his will. On February 20, 1988 the five entered into a written settlement agreement. Afterwards, one of the devisees (Marguerite Jorgenson) sought to repudiate the agreement. The other four moved the court for an interpretation of the will. This motion resulted in an October 31 order construing the will. A memorandum submitted by the four devi-sees prior to the October 31 order contained the following statement:

The attempt to resolve the…