Briggs v. Wyoming National Bank

836 P.2d 263 (1992)

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Nature of the Case

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Facts

Decedent created a trust consisting of real property. Under the terms of the trust, her husband (P) was to have a one-seventeenth interest in the trust assets upon her death. Decedent's will contained minor bequests of personal property to P. The trust agreement contained a provision in which P waived his right to contest the trust, or the transfer of any property into it. P signed the trust agreement, refusing decedent's attorney's suggestion that he hire his own counsel to look at the agreement. Upon decedent's death, P filed for an elective share, claiming that he did not read or understand the trust agreement and that he had been assured that decedent was leaving everything to him.