Kellam v. Dutton

ALMON, Justice.

Mary F. Kellam, as personal representative of the estate of Clebert M. Kellam (Cle-bert), appeals from a judgment in favor of the defendant, George G. Dutton, as executor of the estate of Alice Curtis Kellam (Alice), deceased.1 Clebert filed a petition against Alice’s estate seeking the share of an omitted spouse and other benefits. The issue is whether, notwithstanding a prenuptial agreement, Clebert was entitled, under § 43-8-90, Ala.Code 1975, to a share of Alice’s estate as a surviving spouse omitted from her will, which she had executed before their marriage.

After a…