Wills, Trusts & Estates keyed to Dobris
Estate of Carroll
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Archie and Dortha Carroll were married and had no children, however Archie had twelve nieces and nephews who were children of his brothers and sisters and Dortha had eight nieces and nephews who were children of her brothers and sisters. The parties executed separate wills leaving the residue of their estates to each other, but on the condition that they predecease their spouse then the residue was to pass to “my nieces and nephews that are living as of the date of my death.” Dortha died in July of 1980 and Archie in September of 1986. Plaintiffs are children of Dortha’s brothers and sisters and are sought a declaration that Archie’s bequest to “my nieces and nephews” included them as well as children of Archie’s brothers and sisters. The trial court ruled against the Plaintiffs and ordered the estate be distributed to children of Archie’s brothers and sisters.
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