Geddings v. Geddings

460 S.E.2d 376 (1995)

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Nature of the Case

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Facts

The Geddings were married in 1979. Both had children by their former spouses. In 1988 P signed a document presented to her by her husband titled 'Waiver of Right to Elect and of Other Rights.' Each disclaimed interest in the spouse's estate except as provided in the will admitted to probate at the death of the other spouse; and each was supposed to have made a full, fair and complete disclosure to each other of all presently-owned assets. The husband died and P, petitioned the court to take a spousal elective share. The probate court held that a full and fair disclosure was not made and allowed P to take an elective share. Ds appealed.