Kidwell v. Rhew

Winchester established a revocable inter vivos trust naming her daughter Rhew (defendant) as successor trustee, but died intestate without ever executing a will. Her other daughter Kidwell (plaintiff), the estate administrator, sought to recover trust assets into the intestate estate under the pretermitted-heir statute — which by its terms applies to a child omitted from a will "at the time of the execution of a will" — and argued the statute should extend by analogy to trust-based will substitutes under the Restatement (Second) of Property; the circuit court denied her claim.