Acceptance of legacy does not prevent contest
The testator’s will gave son $10,000 and son challenged the will alleging undue influence by his sister who was the principal beneficiary. The trail judge dismissed the suit when the son failed to appear at a pre-trial conference. Son then accepted the $10,000 bequest and appealed the dismissal.
The court in In re Estate of Davis, 915 A.2d 955 (D.C. 2007), ordered the suit reinstated, holding that a single failure to appear at a pre-trial conference did not justify dismissal. The court also held that the son’s acceptance of the bequest did not prevent him from carrying on his suit.