In re Estate of Smallman

This case arose out of the death of Decedent and the ensuing dispute between his two sons from a previous marriage and Linda Carraway, whom he married two weeks before his death. Decedent's sons (Sons) challenged the validity of their father's marriage to Carraway (Wife) and the validity of the lost will that Wife sought to have established. Wife claimed she was the sole beneficiary of Decedent's estate pursuant to the terms of his will. After a jury trial, the jury found in favor of Sons. The court of appeals affirmed. The Supreme Court reversed and remanded for a new trial, holding (1) Wife waived her argument that Sons lacked standing to contest the validity of her marriage to their father; but (2) the trial court erred in allowing into evidence testimony regarding Wife's real property holdings and her late mother's will, and the error was not harmless. View "In re Estate of Smallman" on Justia Law