Re: Back to school
- From: <vewhite@xxxxxxxxxxxx>
- Date: Wed, 29 Oct 2008 17:38:00 -0400
---- "Peter W. Pesterhaus III" <binky9@xxxxxxxxx> wrote:
Diana Dale died without leaving a will. She didn't die intestate
because she had no estate. Right? In order to die intestate you have
to have an estate.
First of all, we don't know that. She had the profits from Edward's estate, which he specifically left her in his will. Also probably some personal effects. So, some sort of probate action must have been taken. Since none have been found, it is more likely that they are lost than that they never existed. Will or no will, the records would have been generated.
The reason she didn't have an estate is because Elizabeth Rogers waived any right to it. Forgetez vous.
Edward couldn't waive the rights to *Diana's* estate in his own will, could he? He could waive right to his estate, and perhaps that of his first wife (of whom he was probably administrator) if she had one. But his living wife's estate? I dunno ...
Also, just to mess with you <G> - since Elizabeth's husband, William Rogers, was alive when Edward died, *he* is the one who accepted the 12 pence on her behalf. She didn't accept anything. So, I wonder if some sharp lawyer could have claimed duress, coercion, etc. and had the waiver set aside? Certainly that didn't happen, but I wonder if it could have?
Vickie Elam White
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