In re Estate of Paulson, 2012 ND 40 (N.D. Sup. Ct. 2012)

(in contemplation of marriage, decedent and fiancé executed antenuptial agreement; decedent also revised will to transfer property to his soon-to-be spouse and establish testamentary trust for fiancé’s daughter; will identified fiancé by name; decedent died three days before wedding; court held will unambiguously devised property to fiancé and marriage not condition precedent; terms in will such as “wife” and “spouse” merely descriptive; will did not incorporate antenuptial agreement by reference, so could not be used as extrinsic evidence to establish ambiguity or construe meaning of will; all issues affirmed on appeal; additional issue raised on appeal; court held new provision in state probate code not applicable because fiancé’s right in will vested before adoption of statute).

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