Baird

—Violet DuFriend, the mother of decedent Pierre Baird, attacks the appointment of Emily Baird, her son’s widow, as executrix of the estate. The principal issues on appeal are whether the proceeds of a Jones Act ( 46 U.S.C. § 688 ) settlement are an asset of the decedent’s estate and whether DuFriend has standing to pursue this action.

Facts

Pierre Baird and Patricia Elmore were married on March 5, 1977.

Pierre Baird executed a will May 18, 1983, in which he stated “I was married to Patricia Baird . . . and I am presently uncertain as to the status as to whether or not that marriage has been dissolved.” He also stated his intention that Patricia Baird receive nothing from his. estate. He gave two-thirds of his estate to his mother, Violet DuFriend, and one-third to a sister, Colleen Reusswig. He nominated DuFriend as executor.

On June 11, 1983, Pierre Baird married Emily Baird in a confidential marriage. On June 21, 1983, Pierre Baird executed a will revoking all previous wills, giving 80 percent of his property to Emily Baird, 10 percent *960 to Violet DuFriend and 10 percent to Colleen Resswig (sic). 1 He also nominated Emily Baird as his executrix.

Pierre Baird…