James Oldrum Smith, III v. Lela Smith Flowers

GRIFFIS, P.J.,

FOR THE- COURT:

¶ 1. This appeal comes from the probate of the estate of James Oldrum Smith Jr. As part of the probate of the estate, a disputed issue arose as to the interpretation of a codicil that would impact the transfer of stock owned by the decedent in three corporations. The Warren County Chancery Court determined that the codicil was not ambiguous and did not allow for the consideration of extrinsic evidence. The appellants disagree and filed a timely appeal. We find reversible error and remand for further proceedings.

FACTS AND PROCEDURAL HISTORY

¶ 2. James Oldrum Smith…