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8. Shimp v. Huff (Court of Appeals of Maryland)
1. Fact
Lester Shimp and Clara Shimp, his first wife, executed the joint will in 1974 which was irrevocable unless mutually agreed upon. After Clara died in 1975, he filed a petition to the Circuit Court and requested the right to executed a new will (Shimp v. Shimp; whether the join will could operate as a contract and thereby limit the survivor’s right to dispose of property). However, the Court held that the will was revocable but needed recovery for equity. Lester appealed.
In 1984, Lester remarried with Lisa Mae without a martial agreement. After Lester’s death in 1985, personal representatives of the Estate (Mary Huff and Wallace Huff) rejected Lisa’s request of her family allowance or her elective share. Thus, Lisa (Plaintiff) filed suit for her share and the trial court concluded that she has a right to an elective share, however, as Lester was just a trustee under the joint will, deemed as a binding contract, there was not estate from which P could receive family allowance. P appealed to the Cour of Special Appeals and the Court reversed.
2. Issue
Whether a remarried surviving spouse has right to receive her family allowance or her elective share when a joint will which a decedent spouse entered with his prior spouse exists.
3. Rules
1) Public Policy
Inheritance is not a natural right, but a privileged granted by the State. Therefore, regardless of a will, a survived spouse has right
2) Sections 3-203 & 3-201 of the Estate and Trust Articles
· Section 3-203(a): "instead of property left to him by will, the surviving spouse may elect to take a one-third share of the net estate if there is also a surviving issue, or a one-half share of the net estate if there is no surviving issue”
· Section 3-201: a surviving spouse is entitled to "an allowance of $2000 for his personal use”
3) In Re Hoyt's Estate, Section 18 of the Decedent Estate Law
· A higher priority to a surviving spouse's elective share than to testamentary bequests.
· The widow of the testator is therefore entitled to a one-third share of the net estate.
4. Application
Previously, the Court found that the joint will was a valid contract because the parties agreed to enter the joint will and there was a consideration of waiving the right to change the will.
Defender argued that under Cowman v. Hall, P was not eligible for an elective share because Lester was a just trustee for the estate under the joint will. However, the Court refuted that the will was a contract citing the case of Cowman that the interest which Hall received was subjected to a power of appointment exercisable by deed, a contract to convey property. Thus, this case is different from the present case. In addition, under the In Re Hoyt's Estate, the Courts argued that a surviving spouse’s priority does not depend on the contract.
The Court also cited other courts’ decisions among which the general principle applied that the right to will property is not absolute, but instead is a privilege afforded the decedent by the State, and the surviving spouse has right to claim an elective share. And others cited a public policy that a contract should not discourage marriage.
This Court adopted the public policy protecting the surviving spouse’s right and granting a priority over beneficiaries. Also, the marriage should not restrain a marriage.
Regarding a family allowance, the Court rejected D’s allegation that the decedent directed all just debts be paid prior to the bequests included any claim for a family allowance, thus, P is entitled to receive a family allowance.
5. Conclusion
The Court affirmed; P is entitled to receive an elective share under Section 3-203 and a family allowance under Section 3-201.
6. Feedback
1) Conditions of contract
Offer (offeree), acceptance, consideration
2) A will is a contract
Joint will was entered between Shimp and Clara. Therefore, to revoke the will, Shimp should have give recovery to beneficiaries for any damages due to revocation and amendment by Shimp.
· Shimp I
Issue: Whether a joint will can be regarded as a binding contract and it could limit a spouse’s ability to amend that.
Application: Wills are irrevocable, while contracts trigger liability upon breach and are revocable. However, a joint will has a contract nature; (1) it may be revoked, (2) a valid will shall be admitted to probate, and (3) damages shall be recovered.
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