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Wills, Trusts & Estates Keyed to Gallanis
Boone County National Bank v. Edson
Citation:
760 S.W.2d 108 (Mo. 1988)Facts
The Testatrix had her attorney write the will in question in 1960. The Testatrix died in 1971. The residuary clause of the will created a trust for the support of Lois Tello, Testatrix’ daughter. The terms of the trust directed the trustee to pay the income of the trust to Lois and authorized the trustee to invade the corpus of the trust as necessary to properly maintain, support and educate Lois. The will provided for termination of the trust on the death of Lois. The conditions and directions for distribution of the remaining trust corpus and any undistributed income are set out in paragraph III-G of the will. The question is whether or not the language used in the dispositive provision is ambiguous—that is, did Testatrix intend to use the pronoun “me” in the last two sentences of paragraph III-G or to use the pronoun “her” or the name “Lois.”
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