Dye v. Battles

This case illustrates the danger of using preprinted wills. Decedent Haskell J. Dye had two natural sons who were adopted away (with his consent) by his first wife’s new husband (Arthur Battles) in 1959. Under the law at that time, this cut off their right to inherit from him. The law was changed, effective 1985, to permit some adopted-out children to inherit from their natural parents. In 1989 decedent and his second wife Eleanor signed reciprocal form wills, leaving their property to each other. Eleanor died in January, 1999. Decedent died on June 17, 1999.

Scott T. Dye, Eleanor’s son who had been adopted by decedent, petitioned to probate decedent’s estate. Phillip Joe Battles, one of decedent’s adopted-away natural sons, and some of the issue of the deceased adopted-away son (Jimmie Dean Battles) filed an objection, seeking to share in decedent’s estate. The trial court granted their heirship petition and Scott filed a notice of appeal. The appeal lies. (Prob. Code, § 1303, subd. (g); further unspecified references are to this code.) We first conclude the new law enables the objectors to take a share of the decedent’s estate. We also conclude an antilapse statute…