Scarlett v. Hopper

Plaintiffs in this declaratory judgment action are the daughters and a grandson of the decedent and are beneficiaries under her will. Defendant was the decedent’s husband and is the personal representative of her estate. The controversy is over the meaning of the decedent’s and defendant’s “joint, mutual and reciprocal will.” Article three of the will makes certain specific bequests, and then provides:

“All the rest, residue and remainder of my estate of any kind and of any nature whatsoever I give, devise and bequeath to my beloved husband, JOHN A. HOPPER.”

Article five of the will provides…