Shimp v. Huff

MURPHY, Chief Judge.

In his treatise, The Law of Wills, § 34 at 69 (3rd ed. 1947), George W. Thompson warns that “[a]s a general rule, joint wills are not regarded with much favor by the courts, and are ... apt to invite litigation.” The joint will of Lester and Clara Shimp has fulfilled Thompson’s prediction by causing this Court for a second time to resolve conflicts arising from that will. In Shimp v. Shimp, 287 Md. 372, 412 A.2d 1228 (1980) (Shimp I), we addressed the issue of whether Lester and Clara’s joint will could operate as a binding contract and thereby limit the survivor’s right…