Bowman

FACTS AND PROCEDURAL BACKGROUND

James and Phyllis were married in 1972. They each had children from prior marriages. James died in May 2011. In August 2012, Bowman petitioned for instructions regarding potential claims against the Trust by James's former spouse, Dorothy Keirn Westwick, and their three children, Anne Westwick Dolder, Peter J. Westwick and appellant. The potential claims arose from a marital settlement agreement (MSA) executed by James and Dorothy when they divorced in 1970. The MSA required that James "maintain a valid will in effect at all times during his lifetime providing that 1/2 of his estate over which he has power of disposition shall on his demise pass to the surviving children of the parties hereto." Neither his will nor Trust complied with this requirement. The MSA also confirmed Dorothy's entitlement to James's life insurance. At some point, James removed her as the beneficiary on that policy, substituting Phyllis in her place. Following James's death, Bowman engaged in substantial settlement discussions regarding these issues with Dorothy, Anne, Peter and appellant (collectively "objectors"), as well as with Phyllis. In an e-mail…