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Wills, Trusts & Estates Keyed to Sterk
Estate of Carroll
Citation:
764 S.W.2d 736 (1989)Facts
Archie and Dortha, married for over 57 years and childless, each created a will in 1978. Archie’s will left his residuary estate to Dortha, and if she predeceased him, the estate would go to “my nieces and nephews that are living as of the date of my death.” Dortha’s will contained similar provisions. After Dortha passed away in 1980, and Archie in 1986, plaintiffs, who were the children of Archie’s nieces and nephews, filed a petition to clarify whether Archie’s will included the children of Dortha’s siblings. They presented evidence, including testimony from eleven witnesses, to show that Archie considered Dortha’s nieces and nephews as his own and intended to include them in the bequest. The plaintiffs argued that the term “nieces and nephews” should be broadly interpreted to include both sides of the family.
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