Percival v. Percival

This case involves the interpretation of a will in an action for declaratory judgment. In the will of Garth D. Percival, a provision was contained in the dispositive portion which reads:

“SECOND. I give, devise, and bequeath to my wife, Edna Verona Percival all my property, both real, personal and mixed, wherever situate or being, to have and to hold and enjoy the use thereof for and during the term of her life, and after her death the same to be equally divided among my children, or the survivor or survivors of them if any be deceased at the time of my wife’s death, viz:

Garth D. Percival, Jr.

R…