Question

During his first marriage to Miriam Talbot, Robert Mirkil Talbot executed a will in multiple originals that bequeathed his entire estate to Miriam or, if she should predecease him, to his friend J. Barker Killgore. After his first wife’s death, Robert married Lois McClen Mills. After consulting a Louisiana intestacy chart, the Talbots determined that if Robert died, Lois would receive Robert’s entire estate because he had no descendants, surviving parents, or siblings. However, Lois did have descendants. Lois wanted to leave Robert a portion of her estate. Robert and his new wife went to an attorney to execute the new wife’s will. While there, the attorney took Robert aside and showed him his prior will that made Killgore the contingent beneficiary. The attorney asked Robert if he wanted to leave his estate to his new wife, and Robert answered “ yes.” Robert then tore the old will in half in the attorney’s presence. After leaving the attorney’s office, Robert and Lois went shopping for furnishings for their new house. That night, Robert became short of breath and was taken to a hospital, where he died. Killgore retrieved a multiple original of Robert’s 1981 will and petitioned to have it probated. Lois opposed the petition. Who wins? Succession of Talbot, 530 So. 2d 1132, 1988 La. Lexis 1597 (Supreme Court of Louisiana)


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  • CreatedAugust 12, 2015
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