Horten v. Keating
Horten v. Keating
Opinion of the Court
By Last Will dated November 6, 1970, Myles Keating bequeathed his estate to his friend and business partner, Larry Horten, and also appointed Horten executor. Keating was not then married. On September 23, 1972, Keating married Myrtle McAvin, to whom he remained married until his death. Provision was not made for Myrtle by marriage contract, by the aforementioned Last Will, nor was she mentioned therein to show an intention not to make provision for her.
If he attempted to bequeath his separate estate, and the dis-positive provision of his will was nullified by his subsequent ■marriage to Myrtle, then NRS 134.050(4) provides that such ■separate property shall go to the surviving wife,
Following a contest of the dispositive provision of the will by Myrtle, the surviving spouse, the district court ruled that the decedent’s estate was to go to Myrtle as though the decedent had died intestate, since, in the circumstances related, the Last
Affirmed.
NRS 133.110: “If a person marries after making a will and the spouse survives the maker, the will is revoked as to the spouse, unless provision has been made for the spouse by marriage contract, or unless the spouse is provided for in the will, or in such a way mentioned therein as to show an intention not to make such provision; and no other evidence to rebut the presumption of revocation shall be received.”
NRS 134.050(4): “If the decedent shall have no issue, father, mother, brother, or sister, or children of any issue, all of the separate property of the intestate shall go to the surviving husband or wife.”
NRS 123.250: “Upon the death of either-husband or wife, one-half of the community belongs to the surviving spouse; the other half is subject to the testamentary disposition of the decedent, and in the absence thereof goes to the surviving spouse. . . .”
Reference
- Full Case Name
- LAWRENCE E. HORTEN v. MYRTLE KEATING, Surviving Spouse and Sole Heir of MILES KEATING
- Status
- Published