Benthall v. McCabe

At issue in this appeal is the validity of a family settlement agreement executed by the three children of the decedent, James McCabe. After his death on September 22,1978, his brother and sister, Francis McCabe and Betty June Luck, who were nominated as “joint-Executors and Joint Trustees” of his will, filed a petition, on October 1,1979, for the admission of the will to probate and for the issuance of letters testamentary. Thereafter, on October 16, 1979, the three children, Sheila Benthall, aged 31, James Edward McCabe, aged 19, and Colleen Marie McCabe, aged 18, executed a family…