HERBACH V. HERBACH, 583 N.W.2d 541 (1998) CASE BRIEF

HERBACH V. HERBACH

583 N.W.2d 541 (1998)

NATURE OF THE CASE: This was a dispute over pretermitted status.

FACTS: Walter wrote his will and left $50,000 to Eileen as a friend. They were married afterwards and were married at the time of Walter's death. Walter's son Barry opposed the status of Eileen getting pretermitted wife status as she was already mentioned on the will. The probate court ruled that she was entitled to that status as she was not mentioned in the will as Walter's wife. Barry appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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