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eBook details

• Title: Breidenbach v. Wedum
• Author : Supreme Court of Montana
• Release Date : January 01, 1988
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

Submitted on Briefs August 4, 1988 This appeal comes from an order and judgment of the District Court of the First Judicial District, Lewis and Clark County, State of Montana, granting Janeen Breidenbach's motion for summary judgment. The parties primarily involved are the children of John J. Wedum, deceased. The dispute involves the effect of a family settlement agreement in which the signing heirs agreed to share equally their father's estate. The issue on appeal is whether the family settlement agreement constitutes a valid renunciation of insurance proceeds and a survivor's interest in joint property John J. Wedum died March 1, 1987. At his death, Mr. Wedum held joint tenancy accounts with his daughter Janeen Breidenbach in certain local banks and also had acquired life insurance in which he named Janeen primary beneficiary. On March 9, 1987, four of John J. Wedum's children entered into a family agreement in which the signatories would share the estate equally. John Randall Wedum, one of the children, drafted and delivered to the signatories the agreement which reads as follows: ""We, the undersigned heirs of John J. Wedum, after due consideration and review of the assets of the estate and having in mind our father's intentions to treat all of his children equally do hereby mutually agree, and the consideration for the making of the agreement is relinquishment of any objection that the undersigned would have to the disposition of his estate and to carry out his wishes and intentions evidenced by his last will and testament and his conversations with the undersigned and as evidence of our love and affections for our deceased father and each other, do hereby agree that we, his four heirs, shall share equally, share and share alike, in all of his estate, wherever situated and however comprised and however held and whether to be designated as being distributed by law, by devise, or by last will and testament

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