In Re Estate of Margaret L. Swift

IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON July 17, 2012 Session IN RE ESTATE OF MARGARET L. SWIFT Direct Appeal from the Probate Court of Shelby County No. D6369 Robert Benham, Judge No. W2012-00199-COA-R3-CV - Filed November 20, 2012 This appeal involves the interpretation of a will. The named residuary beneficiary predeceased the testatrix. The executrix of the decedent’s estate argued that a survivorship requirement in the will applies to the named residuary beneficiary, so her interest lapsed. The issue of the residuary beneficiary argued that the survivorship requirement did not…