Foman v. Moss

I dissent from the Majority Opinion for the following reasons:

1. The trial court acted without any statutory authority when it ordered the guardian not to elect to take against the will.

2. The order of the trial court is absolutely against the statutory framework of guardianships and decedents’ estates.

3. The order and actions of the trial court violated Grace Foman’s right to elect against the will of her deceased husband.

4. The trial judge is attempting to function as guardian of Grace Foman and as the judge administering the estate. This is an obvious conflict of interest, and a conflict…