Nichols v. Baer
Court of Appeals of Maryland
1DissentBattaglia, J.
and ELDRIDGE, J., join.
I respectfully dissent. The majority holds that a bequest of a residuary estate to a former wife, by name but not by status, in the former husband’s will, is revoked by operation of law by *342Section 4-105 of the Estates and Trusts Article of the Maryland Code, which states in relevant part:
A will, or any part of it, may not be revoked in a manner other than as provided in this section ...(4) Divorce or Annulment. By an absolute divorce of a testator and his spouse or the annulment of the marriage, either of which occurs subsequent to the execution of the testator’s will;…
2Cases cited10 opinions
- Robinson v. Mercantile Trust Co.Court of Appeals of Maryland · 1942
- Johnson v. HallCourt of Appeals of Maryland · 1978
- Pfeufer v. CyphersCourt of Appeals of Maryland · 2007
- Buchholz v. StorsveSouth Dakota Supreme Court · 2007
- Friedman v. HannanCourt of Appeals of Maryland · 2010
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