Hadsell v. Grosjean

DRAPEAU, J.

Hilda M. Hadsell died August 11, 1952. By her last will and testament she left all of her property to her husband, Herbert V. Hadsell. Her estate was of the estimated value of $3,000.

After her will was executed, decedent and her husband entered into a property settlement agreement. When she died husband and wife were not living together, but divorce proceedings between them had not come to final or interlocutory decree.

Only one question is involved in this appeal: Did the husband by the property agreement waive his right to take under his wife’s will, or to be appointed her executor?

That part of the property agreement pertinent to this question is as follows:

“Sixth: That neither party hereto will, in any manner contest or oppose the probate of the other’s will, whether heretofore made, or hereafter made, or interfere with the other, their heirs or assigns, in the exercise of the rights of the parties hereto. It is agreed that neither party will at any time hereafter assert any right, title or interest as heir-

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at-Iaw, or otherwise of the other to any property devised or bequeathed by such will, or as against the estate of the other, should the other die intestate, and all claims as such heir, or as surviving husband and wife respectively, and the right to contest or oppose the will of the other is hereby expressly waived, together with the right to administer, or to apply for Letters of Administration, or Letters Testamentary, upon the estate of the other. The parties also waive all rights of probate, homestead and family allowance.”

. Petition for probate of the will and for letters testamentary was filed by the husband. Petition for probate of the will and for letters of administration with the will annexed was filed by a brother of decedent. Objections to the husband’s petition were filed by the mother of decedent.

After hearing, the probate court made the following orders: that the will be admitted to probate, that the brother be appointed administrator with the will annexed, and that letters of administration with the will annexed be issued to the brother upon his taking the usual oath of office and filing the usual bond.