Legal Opinion · Dissent

Nichols v. Baer

Court of Appeals of Maryland

Decided October 22, 2013No. 33Published

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

  1. Robinson v. Mercantile Trust Co.Court of Appeals of Maryland · 1942
  2. Johnson v. HallCourt of Appeals of Maryland · 1978
  3. Pfeufer v. CyphersCourt of Appeals of Maryland · 2007
  4. Buchholz v. StorsveSouth Dakota Supreme Court · 2007
  5. Friedman v. HannanCourt of Appeals of Maryland · 2010

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