Dainton v. Watson

This is an appeal from the judgment of the district court declaring a $20,000 bequest to Elizabeth Dainton (appellant) forfeited and denied pursuant to the terms of a no-contest or in terrorem clause in the - Page 80 will of Verlie O. Altman. The provision of that clause was invoked as a result of appellants unsuccessful attempt to contest the validity of the will of Verlie O. Altman, deceased. We have already reviewed the will contest proceeding and have affirmed the jurys decision upholding the validity of the will. Matter of Estate of Altman, Wyo., 650 P.2d 277 (1982). The issue raised here is whether the district court erred in enforcing the terms of the wills in terrorem clause without first considering whether appellant contested the will in good faith and with probable cause to believe the will was invalid.