Page v. Baker

By Judge Robert P. Doherty, Jr.

Husband and wife had similar wills. When husband died the bulk of his estate went to wife. Thereafter, wife made inter vivos gifts to her daughter from a former marriage, changed her will, named her daughter as her executrix, and died leaving the majority of her estate to her daughter.

Plaintiffs, who are the deceased husband’s children from a previous marriage, filed suit against wife’s daughter individually and as executrix of her mother’s estate. They claim that wife breached a contract between husband and wife that provided that each would inherit from the…