In Re Estate of Richard Joseph Deoneseus

BAKER, J. - The daughter of Richard Joseph Deoneseus, deceased, appeals the trial courts partial revocation of decedents will and contingent award of attorney fees to the surviving spouse. The spouse cross-appeals, contending that certain monthly payments awarded to her must be deducted from the gross estate as family allowance payments rather than be treated as partial distributions to her. We affirm the trial court, holding that decedents will is revoked as to his later-acquired spouse, and that the monthly payments are properly characterized as partial distributions.