BRECKHEIMER V. KRAFT, 273 N.E.2d 468 (1971) CASE BRIEF

BRECKHEIMER V. KRAFT

273 N.E.2d 468 (1971)

NATURE OF THE CASE: This was a dispute over a misnomer in a will.

FACTS: Clara's will was executed nine days before her death. She gave her residuary estate to her nephew Raymond and his wife Mabel Schneikert. At the time the will was executed, Raymond's wife was Evelyn and his former wife was named Mabel Reihs and had remarried. The relatives of Clara claimed the residue on the ground that the residuary bequest was invalid for the misnomer. Raymond and his wife claimed the residue and Mabel also got into the act by claiming half of the residue. The trial court ruled for the current husband and wife combination. This appeal resulted.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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