Kindiger v. Huffman

Steele Hays, Justice.

Ernest L. Huffman died testate on November 6,1987, survived by five children. His spouse and one child predeceased him. Another child, Betty Jane Mantooth, survived but died on June 20, 1988. The bulk of Ernest L. Huffman’s estate was disposed of pursuant to a revocable trust to be distributed by the trustee upon the settlor’s death, in equal shares to the settlor’s children “or the lawful descendents of one who may be then deceased.”

A controversy developed between the children of Betty Jane Mantooth and her surviving spouse, Cledith Mantooth and in October 1988, the…