Upon George Welch’s death, he was survived by his third
wife, Dorothy Welch, and his daughter by his first marriage,
Patricia Fisher. At the time George and Dorothy were
married, George was in very poor health and he relied on
Dorothy to care for him. George was suicidal and an alco-
holic and suffered from severe depression. During the eight
months George and Dorothy were married, George became
isolated from his family and his health deteriorated. Prior to
his death, George transferred the bulk of his assets to Dorothy.
Dorothy assisted in the transfer of George’s assets and often
completed checks and other papers for George’s signature.
Although George and Dorothy had executed a prenuptial
agreement, during the month preceding his death, George
made a new will that named Dorothy as his sole beneficiary.
Patricia had been the sole beneficiary of his prior will.
Through the transfers of assets and the new will, Dorothy
received $570,000.
a. What are the arguments that Patricia is entitled to the
$570,000?
b. What are the arguments that Dorothy is entitled to the
$570,000?
c. Who should prevail? Why?
