Philoon v. Varney

Today’s majority reaches a result plainly contrary to the intent of the testator who, as the Superior Court found, wanted to pass this property on to his daughter after the death of his second wife. I must respectfully dissent.

Wanda Lawrence, the stepmother here, owes to her remainderman, Edith Philoon, “the highest duty to act honorably and in good faith.” In Matter of Estate of Harry L. Kreie, 235 Kan. 143, 679 P.2d 712, 719 (1984). Often the life tenant is described as the “quasi-trustee for the remainder interests.” Wiktorowicz v. Haley, 251 A.2d 794, 796-97 (Me.1969); Hardy v. Mayhew,…