Cook v. Estate of Seeman

Jack Holt, Jr., Chief Justice.

This case presents the novel issue of whether an exclusionary clause in a will lacking a residuary clause controls intestate property held by the testatrix. We hold that it does not and reverse the findings of the Probate Court.

On May 7, 1987, the decedent, Ruby Seeman, executed a will distributing her assets to her husband, brother and three surviving children. The will, which does not have a residuary clause, fails to dispose of her residence, but it does explicitly exclude the widow and children of her late son, Marion Seeman, from inheriting any part of her…