In Re Estate of Kiser v. Campbell

Opinion by

Judge ROY.

In this probate proceeding, Kathryn McDonald Freedman, Susan Maul, Nanci Bur-chess Smith, and Craig Burchess (beneficiaries), appeal the trial court's judgment in favor of Monique Campbell (devisee) We affirm.

The issue here is whether, under the circumstances of this case, a parcel of real property (the property) passes under a trust agreement to beneficiaries or by testacy to devisee. We conclude that title passes by testacy.

Adeline M. Kiser (decedent) and her husband created a revocable trust. The trust was funded with, among other things, the property. The deed…