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Wills, Trusts & Estates Keyed to Sterk
Britt v. Upchurch
Citation:
396 S.E.2d 318 (1990)Facts
Walter Hartman executed a will in 1979, leaving his residence to his wife, Ada, for life, with the remainder going to his daughter, Blanche Louise Hartman Britt. The will’s residuary clause bequeathed all remaining property to Ada, with the residue going to Blanche if Ada predeceased him. Walter owned two adjacent lots, 36 and 37, at the time of his death. Ada’s will bequeathed all her property to her daughter, Yvonne G. Upchurch, who attempted to sell lot 37, claiming it passed to Ada under Walter’s will. Blanche filed a lawsuit in 1988 to quiet title to lot 37, asserting that it should pass to her, as intended by her father’s will.
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