Friedman v. Hannan
Maryland Court of Appeals
987 A.2d 60 (2010)
James Hannan's will, executed during his marriage to Anna Zelinski, provided that if the couple died simultaneously, his property would be divided among his own surviving immediate family and the surviving immediate family members "of [his] wife." Hannan and Zelinski later divorced, and Hannan died without amending the will or remarrying, having never known Zelinski's family members before the marriage. Lydia Friedman (plaintiff), one of Zelinski's family members, claimed entitlement to the bequest, while the estate's personal representative, Jerome Hannan (defendant), argued the provision applied only during the marriage; the lower courts found the provision could not be carried out because of the divorce, and Friedman appealed.
Whether a will provision bequeathing property to a spouse's family members is revoked by the couple's later divorce.