Wiedemann v. Wiedemann

This is an appeal by Charlotte L. Wiedemann from the judgment of the trial court denying her petition for preliminary distribution and decreeing that she is not entitled to distribution of any portion of the estate of her husband, Fred C. Wiedemann. The sole issue presented on this appeal is whether the nontestamentary agreement which Charlotte entered into with her husband prevents her from taking certain personal property bequeathed to her in her husband’s will, which was executed prior to the agreement and not changed thereafter. We are of the opinion that it does.

Fred C. Wiedemann died on March 18, 1963, leaving a will dated July 31, 1953 and a codicil dated January 29, 1955. Fred’s will, which was duly admitted to probate along with the codicil, specifically bequeathed to Charlotte, who married decedent on August 3, 1953 and remained married to him until his death, all of testator’s furniture, household effects, clothes, and other personal effects, including automobiles, war bonds and personal bank accounts. The residue of Fred’s estate was left to his two children, Howard Wiedemann and Ann Wiedemann Kaplan.

On September 1, 1959 Fred and Charlotte entered into a written…