In Re the Estate of Mary A. Riley, Aka Mary Agnes Riley, Aka Mary Agnes Reilly

Summary

The court held that a settlement presented for approval under the statutory probate-compromise procedure must be executed by all competent persons whose beneficial interests are affected. Because the settlement altered the estate's distribution scheme by requiring one beneficiary to disclaim his interest, the probate court could not approve it as binding on the nonsigning beneficiaries. The court nevertheless held that the lack of signatures did not invalidate the agreement for all purposes, vacated the court of appeals' decision, and remanded.