Matter of Estates of Wahl

The beneficiaries under Rose Wahl's will appeal an order granting summary judgment against them. One question is presented: Does a genuine issue of material fact exist as to whether a community property agreement was mistakenly executed?

In 1952 Neal and Rose Wahl were married. On November 7, 1962, Neal executed a will in which he bequeathed all his estate to Rose if she survived. If she did not survive him, then his estate would go to his sister, Alberta Schwartz. The will also provided:

For the purposes of construing this will I direct that a person shall not be deemed to survive me if such…