Shimp v. Huff

Lester and Clara Shimp executed a joint, mutually binding will leaving the residue of the survivor's estate to beneficiaries including Mary Huff (defendant), and after Clara's death, Lester remarried Lisa Mae without ever revoking or replacing the joint will; upon Lester's death, Lisa Mae (plaintiff) claimed her statutory elective share of his estate, which Huff, as personal representative, refused to pay, arguing the binding contract underlying the joint will took priority.

Whether a surviving spouse has the right to an elective share, if receiving the elective share would conflict with a contract to convey by will between the deceased spouse and the deceased spouse's prior spouse.