Estate of Taylor

I dissent. The majority has done a beautiful job of weaving one technicality after another into a tapestry of injustice lacking in both reason and common sense.

In the second paragraph of his will testator left an undivided interest in land to appellant. It is well-settled that a will speaks as of the time of death, and at the time of his death testator had an interest in the land as he described. Moreover, it is also well-settled that all parts of a will are to be given effect if reasonably possible. Testator, without any question, made a testamentary gift to appellant, and at the time of his…