Estate of Maloney v. Carsten

In 1951, John F. and Lena N. Maloney, as husband and wife, executed an instrument captioned “Joint Last Will and Testament.” John died in 1955 and that instrument was probated shortly thereafter. In 1972, Lena executed yet another instrument entitled “Last Will and Testament.” Following Lena’s death in 1973, the second will was admitted to probate. Carsten et al. (“the claimants”) filed a claim against Lena’s estate contending that they were entitled to a portion of her estate as descendants of certain beneficiaries named in the joint will. The trial court found in favor of the claimants and…