Estate of Burke v. Burke

Summary

The Supreme Court affirmed summary judgment for Mildred in a dispute over the proceeds from property that Edward sold during his lifetime. The sale adeemed the specific devise of the property, eliminating any testamentary interest that might otherwise have attached to the sale proceeds, and any recovery for the estate would ultimately benefit Mildred as its sole beneficiary. The Court therefore found a trial futile and did not reach the standing issue.