Wills Trusts & Estates keyed to Dukeminier
Allen v. Talley
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Allen created a will that disposed all of her real, personal and mixed property to “my living brothers and sisters: John Allen Claude Allen, Lewis Allen, Lera Talley, and Juanita Jordan, to share and share alike..”. The only siblings living at the time of Allen’s death were Claude Allen and appellee, Lera Talley. The trial court held that the phrase “my living brother and sisters” did not create a survivorship interest but only applied to those brothers and sisters who would still be living at the time of the testator’s death. A surviving child of Lewis Allen, Sr., appellant, Lewis Eugene Allen, argued that the phrase referred to all of Allen’s siblings as a class gift and were not words of survivorship. Under Allen’s proposition, three-fifths of Allen’s estate would pass to the survivors of Allen’s deceased siblings. The trial court ruled in favor of Talley. Allen appeals the decision.
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