Sheffield v. Scott

OPINION

ROBERTSON, Justice.

This is an appeal from the declaratory judgment of the probate court that the appellants’ interests under a will had been forfeited under an in terrorem clause. We reverse.

Vivian Kent Vilven, the testatrix of the will in question, died on December 14,1978, leaving a total gross estate in excess of $900,000.00. Her closest relatives were her nephew, Carl Kenneth Sheffield, and her niece, Beverly Sheffield Tipton. Appellee had been Vilven’s attorney for some time and had prepared her will. The will provided that after specific bequests were satisfied, the appellants…