Estate of Wolfe
Supreme Court of California
311 P.2d 476 (1957)
Believing an earlier property-settlement agreement remained in effect after reconciling with his wife Troi (defendant), Merland Wolfe's will explicitly declared all property in which he held an interest to be his separate property, directing part of his estate to Troi outright and the residue into trust for Troi and his sister Leanore (plaintiff); because the couple had actually reconciled, the settlement agreement was legally void and all the property was in fact community property, and Troi claimed both her one-half community-property interest and everything the will separately gave her, prompting Leanore's suit seeking a declaration that Troi must elect between the two.
Whether, if a testator spouse attempts to dispose of both spouses' interests in community property through his or her will, the surviving spouse is required to choose between electing to retain his or her community-property interest or receiving his or her interest as a beneficiary under the will.