Estate of Casimir

In August of 1966, Emanuel A. Casimir and his wife, Melba L. Casimir, separated. An interlocutory decree of divorce, which ended their marriage, was entered on July 31, 1969.

The record indicates that the interlocutory period commenced to run on July 26, 1967. Thus, the final judgment could have been entered immediately.

Six days after the interlocutory decree was entered Emanuel signed the application for the final decree of divorce.

On Friday, August 8, 1969, the signed application was filed with the clerk of the superior court. The next day Emanuel died. On Monday, August 11, 1969, Melba advised the clerk of Emanuel’s death and the final decree was not entered.

Upon Emanuel’s death, Walter Young was appointed executor of the decedent’s estate. The value of the estate amounted to $119,064, which represented one-half of the Casimirs’ gross estate. Emanuel bequeathed the entirety of this estate to his mother. The will, which was dated July 24, 1969, specifically directed that “under no circumstances shall [Melba] have any share or right to any part of my estate ...” Emanuel also disinherited his adult son, Gary.

On February 27, 1970, Melba filed her petition for…