Barrett v. Barrett

OPINION

Justice GOLDBERG,

for the Court.

Was the illusory transfer test set forth by this Court in Pezza v. Pezza, 690 A.2d 345 (R.I.1997), legislatively repealed by the enactment of G.L.1956 § 33 — 25—2(b), as enacted by P.L.1999, ch. 444, § 1? 1 The plaintiff, Jane Sylvia Barrett (Jane or plaintiff), contends that at the time of his death, her late husband, Horace M. Barrett (Horace or decedent), owned in fee simple certain real property on Prudence Island in Portsmouth. In accordance with § 33-25-2(a), Jane further contends that she was entitled to a life estate in the Prudence Island…