Susan J. Stamm

Tracy Lee Teeple applied for dependant relief against the estate of Stephen Thomsen.

The claim was settled for $225,000.

The Office of the Children's Lawyer (OCL) moved for approval of the settlement and for an order that it be funded rateably by beneficiaries under both the primary and secondary wills.

The court approved the settlement but ordered that it be funded rateably only by the legatees of the primary estate, finding that a reasonable testator would have intended the shares of the company (governed by the secondary will) to pass separately and unaffected by primary will bequests.

The Estate Trustees moved for court approval of a Memorandum of Understanding (MOU) and Minutes of Settlement (MOS), and to enforce the MOU against a beneficiary.

The court found that the beneficiary's consent to the MOU was conditional on obtaining independent legal advice, which was subsequently withdrawn.

The MOS, negotiated without all parties, contained terms significantly different from the MOU.

The court ruled that the MOU was void due to the withdrawal of conditional consent, and the MOS could not be approved as it was not agreed to by all parties and contained inconsistent terms.

The motion was dismissed, and the parties were directed to update estate information for further proceedings.