English v. Ricart

I concur fully in the affirmance of the probate court’s holding that Ms. Ricart’s assent to the probate of her late husband’s will did not constitute a waiver of her right to an intestate share of his estate. I do not, however, agree with the majority’s reason for reaching that conclusion.

According to the majority, the probate court did not err “under the facts of this case in which the will had not yet been admitted to probate. . . .” P. 216. Thus, the majority notes that it does

not reach the issue of whether an after-married spouse who assents to the probate of a will in solemn form retains…