Matter of Estate of Berg v. Zuraff

MOSES, Circuit Judge.

This is an appeal from an order which allowed a surviving spouse to rescind a disclaimer of her interest in her husband’s estate. We affirm.

Decedent, Gregory Berg, died in an automobile accident on July 24, 1982. He left a surviving spouse, Lori Ann Berg, appellee herein, and no living issue.

Decedent and his wife had been having marital difficulties and were, at the time of the accident, separated. Because of the conflicting statements made by Mrs. Berg to decedent’s mother, Frances Zuraff, several hours after the accident, Mrs. Zuraff thought that she (Mrs. Zuraff) was…