Declaratory Judgment Interpreting Will

Declaratory judgement entered interpreting handwritten will as granting petitioner a fee simple interest in decedent’s residence, and not a life estate, despite language regarding the sale and distribution of proceeds of sale in the event of petitioner’s death, which were held to be precatory.  The court also held that the gift of the “house and contents” included the contents of the attached and detached garages, but that gifts to “all the grandchildren” included only the decedent’s grandchildren and not the petitioner’s grandchildren.  Heckendorn Estate, 5 Fid.Rep.3d 208 (O.C. Cumb. 2009).

Print Friendly, PDF & Email

Comments are closed.