Mabry

Mabry v. Adams

Good Law
177 Cal. App. 3d 569·1986 Cal. App. LEXIS 2573·223 Cal. Rptr. 14
Court of Appeal of CaliforniaJanuary 14, 1986No. D002460California2,266 words

Opinion

Lead Opinion

Staniforth, J.

Jo Ann Adams and Corinne Flynn appeal a judgment finding they violated a no-contest (in terrorem) clause in their father’s will.

*571 Arthur Watson and Nova Watson were married. Adams and Flynn are Arthur’s daughters by a previous marriage.

Arthur Watson died on April 22, 1983. His will provided for specific bequests of $50,000 to Adams and Flynn and left “all of the rest, residue and remainder of [his] estate, both real and personal, regardless of where situated, to [his] wife, Nova L. Watson.” Arthur’s will also provided: “Each beneficiary under this Will, each of my heirs-at-law, and each person claiming under any of them, who at any time contests or seeks to impair or invalidate any of its provisions or joins with anyone attempting to do any such things, is hereinafter referred to as a ‘contestant.’ I hereby revoke every gift and all other benefits given by this Will to each person who is a contestant. I hereby expressly disinherit each of my heirs-at-law who is a contestant. All gifts under this Will to such contestant and any property of my estate to which such contestant might otherwise be entitled to receive under this Will, or pursuant to any and all laws,…

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