In the Matter of the Estate of Rosa B. Wright Rettenmeyer, Deceased

Summary

The court largely upheld the probate court’s distribution of Rosa’s estate under her will, enforcement of the ante-nuptial agreement, rejection of the no-contest challenge, refusal to appoint a special administrator or require an accounting, and allocation of federal estate taxes against the residuary estate. It held that the surviving husband’s attempted election under succession law did not trigger the no-contest clause because the ante-nuptial agreement eliminated his statutory election right. The court nevertheless required a surcharge for the rental value of the homestead occupied by the Denham devisees and increased the executor’s attorneys’ fees. No separate opinions were provided.