Legal Opinion

Powell v. Estate of Fletcher

Wyoming Supreme Court

Decided February 21, 2006No. 05-84PublishedCited by 3 opinions

1Opinion of the Court

VOIGT, Justice.

[¶1] Jane Powell married John Fletcher in 1968. She subsequently married Ralph Takemire in 1995. In 2008, Fletcher passed away. Powell was not granted a share of Fletcher's estate under his will, so she sought her spousal elective share pursuant to Wyo. Stat. Ann. § 2-5-101 (LexisNexis 2005). The district court, sitting in probate, denied Powell's claim. We affirm.

ISSUE

[¶2] Did the district court err when it placed the burden on Powell to prove her marriage to Fletcher had not been dissolved and found that Powell had not sustained that burden?

FACTS

[¶3] Powell first married…

2Cases cited9 opinions

  1. Harber v. JensenWyoming Supreme Court · 2004
  2. Life Care Centers of America, Inc. v. DexterWyoming Supreme Court · 2003
  3. Double Eagle Petroleum & Mining Corporation v. Questar Exploration & Production CompanyWyoming Supreme Court · 2003
  4. Powder River Ranch, Inc. v. MichelenaWyoming Supreme Court · 2005
  5. Shreyer v. ShreyerSupreme Court of Colorado · 1945

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3Cited by3 opinions

  1. Anadarko Land Corporation F/K/A Union Pacific Land Resources Corporation, a Nebraska Corporation, and Three Sisters, Llc, a Wyoming Limited Liability Company v. Family Tree Corporation, a Wyoming CorporationWyoming Supreme Court · 2017
  2. Anadarko Land Corporation F/K/A Union Pacific Land Resources Corporation, a Nebraska Corporation, and Three Sisters, Llc, a Wyoming Limited Liability Company v. Family Tree Corporation, a Wyoming CorporationWyoming Supreme Court · 2017
  3. In the Matter of the Estate of Neal E. Tokowitz a/k/a Neal Edward Tokowitz, deceased: James Silverwood, Personal Representative of the Estate of Neal E. Tokowitz and Randy Green, Trustee of the Residual Trust Established for Carol Tokowitz v. Carol TokowitzWyoming Supreme Court · 2024

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