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    Property Keyed to Merrill

    Williams v. Estate of Williams

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      Under G.A. Williams (“Williams”) will, his three unmarried daughters, including Ethel Williams (“Plaintiff”) obtained a joint lifetime interest in Williams’s farm. Nine children, including Etta Tallent, who did not obtain any interest in the farm in the will, survived Williams. The will was written using legal expressions. The will described that Williams gave his three unmarried daughters had received an interest in the farm because they had remained home and took care of their ill mother. Thus, Williams wanted them to keep the farm. Further, the will stated that the farm could not be sold sisters’ were alive, that each sister’s interest would terminate and pass to her remaining sisters the moment a sister became married, and that if any sister contested the will, they would be disqualified from an interest in Williams’ estate. Neither sister married. Etta Tallent lived on the farm with her two sisters until the sisters’ died. When the complaint was filed, Williams’ only remaining descendants were Etta Tallent and other unnamed, lineal descendants (collectively known as “Defendants”). Plaintiff alleged to hold a fee-simple interest in the farm, not a life estate. Subsequently, both, the trial and appellate courts,held in Plaintiff’s favor, finding that the will had granted each of the three daughters a one-third fee-simple interest in the farm.

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    Williams v. Estate of Williams