Schenebeck v. Schenebeck

Robert L. Brown, Justice.

This appeal involves the interpretation of a will and a testamentary trust. James Eric Schenebeck died on October 4, 1993, at age 70. His last will and testament was dated April 4, 1991, and in his will he named his son, appellant Gerald Schenebeck, executor of the estate. After Schenebeck’s death, Gerald petitioned to open his probate estate. The petition showed the testator’s surviving spouse to be appellee Dorothy Schenebeck. It further showed the estimated value of real property to exceed $1,000,000 and personal property to exceed $100,000.

Under the will, Gerald…