Hammons v. Hammons

Opinion of the Court by

Justice ABRAMSON.

Dr. James W. Hammons died testate on August 11, 2006, leaving his entire estate to his wife, Rosa Hammons (Rosa), for her lifetime. The will vests Rosa with the power to invade the corpus of the estate whenever the income from the estate, plus any money or property she individually possesses, becomes insufficient to provide for her proper maintenance and medical care. After Rosa’s death, any remaining assets in the estate devolve to the testator’s daughters, Janet and Jillisa Ham-mons (Janet and Jillisa). In a suit brought by the daughters, the Fayette…