Kyker v. Kyker

The petitioner, Roberta Kyker, appeals from an order of the trial court that dismissed her petition to contest the validity of the will of her grandmother, Lillie Kyker, on the ground that the petitioner’s acceptance of a benefit under a provision of the will precluded her from maintaining the instant will-contest action.

On appeal, Roberta contends that (1) her temporary acceptance of a bequest under the will, which she tendered back to the executor of the estate after she had filed the will-contest proceeding and after her petition to contest the will had been dismissed, should not estop her…