ESTATE OF REAP v. MALLOY

No. 97-PR-461.

727 A.2d 326 (1999)

In re ESTATE OF Norah Boyle REAP, Mary B. Reap, Personal Representative of the Estate of John R. Reap, III, Appellant, v. J. Kevin MALLOY, Personal Representative of the Estate of Anastatia McG. Malloy, Appellee.

District of Columbia Court of Appeals.

Decided April 1, 1999.


Attorney(s) appearing for the Case

Michael F. Curtin, with whom Mark S. Carlin, Laurence E. Salans, and Kala Shah, Washington, DC, were on the brief, for appellant.

Bernard T. Thabault, Washington, DC, for appellee.

Before WAGNER, Chief Judge, and SCHWELB and FARRELL, Associate Judges.


FARRELL, Associate Judge:

This appeal arises from a dispute over whether the decedent, Norah Boyle Reap, died intestate because her will, executed during her marriage to John R. Reap, III, was impliedly revoked by their subsequent divorce and property arrangement, as well as his remarriage. The trial judge granted summary judgment to Norah's aunt (and challenger of the will), Anastatia McG. Malloy, and denied summary judgment to Mr. Reap.1

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