Estate of Fender v. Fender

John R. Fender died on December 18, 1977, leaving an estate of $639,029.76. The estate comprises both probate and nonprobate assets. The nonprobate assets, proceeds from insurance policies, amount to $505,061.60. The insurance policies list as beneficiaries decedent’s children and his former wife, Dolores D. Fender (hereinafter collectively referred to as the Beneficiaries). The probate assets, comprising both personalty and realty, pass under the residuary clause of the will to Gail Wood, who is unrelated to decedent. Wood was also named executrix. The present dispute centers on the ultimate…