In re the Last Will and Testament of Roland
Docket Number: | 2004-CA-01837-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 01-31-2006 Opinion Author: Irving, J. Holding: AFFIRMED |
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Additional Case Information: |
Topic: Wills & estates - Residuary bequest Judge(s) Concurring: King, C.J., Myers, P.J., Chandler, Barnes and Ishee, JJ. Non Participating Judge(s): Southwick and Roberts, JJ. Dissenting Author : Griffis, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - WILLS, TRUSTS, AND ESTATES |
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Trial Court: |
Date of Trial Judgment: 09-02-2004 Appealed from: Alcorn County Chancery Court Judge: Jacqueline Mask Disposition: SUMMARY JUDGMENT FINDING GIFT TO FRANCES ROLAND LAPSED AND THAT INTEREST PASSED TO PAUL ROLAND’S HEIRS AT- LAW Case Number: 04118-02-M |
Party Name: | Attorney Name: | |||
Appellant: | Mary Jane Williams Marlar, Jamie Ray Williams and Amy Jo Williams and Estate of Francis Roland |
REBECCA C. PHIPPS |
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Appellee: | Paula Marie Castillo-Ruiz, Martha Ann Roland Lyles and Rhonda Lynn Steward | W. JETT WILSON |
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Synopsis provided by: If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
Topic: | Wills & estates - Residuary bequest |
Summary of the Facts: | Paul Roland died one week after his wife Frances. He left a will that was probated in the Alcorn County Chancery Court. Paul’s children and stepchildren disputed the interpretation of the residuary clause. The chancellor entered summary judgment in favor of Paul’s children. She held the partial residuary gift to Frances lapsed and went to Paul’s children as his heirs-at-law. Paul’s stepchildren appeal. |
Summary of Opinion Analysis: | Paul’s stepchildren argue that Paul and Frances intended for all six children to divide their estate equally, no matter which parent died first. Where the beneficiary of a residuary bequest predeceases the testator, and the beneficiary is not a child or descendant of the testator, the interest which would have passed to the beneficiary passes instead to the surviving heirs at law of the testator. In his will, Paul specified that Frances should received one-half of his residuary estate. The will was silent as to the effect of her predeceasing him. Therefore, the chancellor ruled correctly. |
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