Via v. Putnam

626 So.2d 460 (1995)

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Nature of the Case

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Facts

Edgar and Joann Putnam executed mutual wills with a provision that each survivor will not change the manner in which their residuary estate was to be distributed and that neither party would do anything to defeat the distribution schedule set forth in each of the respective wills, such as disposing of the assets prior to death or by way of trust, or in any other manner. Joann died first, and Edgar later remarried but failed to execute a subsequent will to provide for Rachel, his new wife. Edgar died, and his will was admitted to probate and Rachel filed a petition under the pretermitted spouse statute. The Children of Edgar (D) filed claims against the estate such that by marrying Rachel, Edgar had violated the terms of the will not to defeat the distribution schedule set forth. The trial judge found the mutual will a valid and binding contract, and the Children were third party beneficiaries and then found that Edgar breached the will contract by not taking appropriate steps to protect the third-party beneficiaries. The appeals court reversed under the statutes and public policy of protecting a surviving spouse's right to receive an elective share. Ds appealed.