Kelly v. Duvall

The common law is no stranger to familial disputes born of contested inheritance. In this case, we are asked to interpret a mother’s will and determine its relationship to Maryland’s statutory testamentary law. Specifically, we must ascertain whether the testator intended to create a condition precedent to her son’s inheritance, and if not, whether she intended to rebut the State’s statutory anti-lapse presumption.

FACTS AND PROCEEDINGS

This case arises from two disputed provisions in the Last Will and Testament of Elizabeth Duvall (the “Will”), which Ms. Duvall executed on May 17, 2001. In…