In Re Estate of Wojtalewicz

This appeal raises the questions of whether the conduct of a legatee in challenging the appointment of an executor of an estate violates an in terrorem clause in the testator’s will, and if so, whether the clause should be enforced causing the gift of that legatee to lapse.

Victoria A. Wojtalewicz died testate and her will was admitted to probate two years subsequent to her death. Respondent John Woitel, the son of the testator’s deceased brother-in-law and a legatee under the will, filed a petition to deny appointment of Ray Brooks, petitioner, as executor of the estate. The petition alleged…