Sedberry v. Johnson

WHICHARD, Judge.

I

The issue can be stated as follows:

Where a husband executes a will devising and bequeathing all his property to his wife, the spouses thereafter enter a separation agreement in which each “waives and renounces all rights . . . under any previously executed Will of the other,” and the husband subsequently dies without having revoked or modified his will, does the separation agreement constitute a valid renunciation which adeems the devise and bequest to the wife?

We hold that it does.

II

This is a declaratory judgment proceeding in which the administrator CTA DBN of the estate of…