In the case of In re Estate of Attea, the decedent was a member of a Roman Catholic religious order and had taken a vow of poverty. Pursuant to that vow, she executed a will leaving all of her property to the order. Three years after execution of the will, the decedent was involved in a motor vehicle accident in which she was severely injured and received a substantial settlement. Twelve years after the accident, the decedent executed a new will leaving her estate to her relatives, the order, and other Roman Catholic charitable institutions. The order moved for summary judgment denying probate on the grounds that the will violated the vow of poverty the decedent had taken. All other parties opposed the motion. The court denied summary judgment, holding that the alleged contract had no effect on the validity of the will.
Special thanks to William LaPiana (Professor of Law, New York Law School) for bringing this case to my attention.
