Fenzel v. Floyd

Bell, Judge:

This is a declaratory judgment action seeking to construe the Will of Miriam Marshall. All the parties are children of Mrs. Marshall. The appellants and the respondent are the beneficiaries of a devise in Item VII of the Will; the respondent is the sole beneficiary under a residuary clause in Item IX of the Will. The question presented is whether certain of Mrs. Marshall’s real property should pass under Item VII or Item IX of the Will. The circuit court held the property should pass under Item IX. We reverse and remand.

Mrs. Marshall executed her last Will and Testament on May 19,…