Duran v. Komyatte

STATON, Presiding Judge.

When John Duran divorced his first wife, Judith Duran, their property settlement agreement provided that he execute a will within ten days after the divorce naming his minor children as the sole beneficiaries. The will was never executed by John. Later, he married Theresa and acquired a home held by John and Theresa as tenants by the entireties. Approximately ten years after his divorce from Judith, John died. Due to the expense of his last illness, his estate was left insolvent. Richard Ko-myatte is the executor of John's estate.

In this action, Judith is seeking to…