Estate of Fussell v. Fortney

KETCHUM, Chief Justice:

In this matter we consider whether a decedent’s will that directs “all my just debts be paid as soon as conveniently possible after the date of my death” (hereinafter “just debts”), obligates the decedent’s estate to pay the mortgage on two parcels of real property devised to the Respondents, Kristi Fortney and Chanda Collette (hereinafter “Respondents”). The Circuit Court of Randolph County determined that the “just debts” clause required the decedent’s estate to pay the mortgage on these two properties and deliver an unencumbered interest in the two properties to the…