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Keywords

contractappealtrialprobatewilldivorce

will

Related Cases

In re Estate of Shippy, 37 Wash.App. 164, 678 P.2d 848

Facts

James Shippy executed a will in 1972, leaving his estate to his then-wife, Marion. Marion obtained an interlocutory divorce decree in California in 1973, but the final decree was not entered until 1981. In 1976, James married Inge in Alaska, and he died in 1981 while they were residents of Washington. The court initially ruled that Inge's marriage was void under Alaska law, leading to the appeal.

On February 5, 1972, James Shippy executed his last will and testament, leaving his entire estate to his then wife, Marion, if she survived him. Otherwise, his estate would go to his children, Dorothy Coe and Thomas Shippy.

Issue

Whether Inge Shippy's marriage to James Shippy was valid for the purposes of determining her status as the surviving spouse under Washington law.

The issue presents a classic conflict of laws (choice of law) question.

Rule

The validity of a marriage is generally governed by the law of the state where the marriage was contracted, but exceptions exist when another state has a substantial relation to the parties and the marriage.

A marriage should not necessarily be invalid in other states if it would be valid under the law of some other state having a substantial relation to the parties and the marriage.

Analysis

The court found that Washington had a substantial relation to the marriage due to the couple's domicile at the time of James's death, the existence of property in Washington, and the probate proceedings occurring there. The court applied Washington law, which allows for the retroactive validating effect of a nunc pro tunc divorce decree, to conclude that Inge's marriage was valid despite being void under Alaska law.

The need to resolve conflicting claims to property situated in Washington and belonging to a deceased Washington resident provides Washington with a dominant interest in the validity of this marriage.

Conclusion

The Court of Appeals reversed the trial court's decision, holding that Inge Shippy was the surviving spouse of James Shippy and entitled to the rights associated with that status in the administration and distribution of his estate.

Consequently, as the “surviving spouse” of James Shippy, Inge is entitled to be treated as such for all purposes in the administration and distribution of his estate.

Who won?

Inge Shippy prevailed in the case because the court determined that Washington law applied, validating her marriage to James Shippy despite its void status under Alaska law.

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