Bahan v. Citizens & Southern National Bank Ex Rel. Estate of Bahan

Lewis, Chief Justice:

This appeal requires a construction of the will of Edward F. Bahan, deceased, to determine whether a disclaimer by his wife of certain devises and bequests to her under the residuary clause of his will operated to pass the estate in the disclaimed property under the residuary clause or as intestate property.

The will of Edward F. Bahan was dated March 20, 1969 and contained five items. Item 1 provided for the payment of debts; Item 2 was a devise of realty which lapsed into the residuary; Item 3 bequeathed $25,000.00 to Stephen F. Bahan, an adopted son; Item 4 was a…