Pruett v. Berkeley

OPINION

WILSON, Justice.

The questions in this action to construe a will are whether a clause in the will is ambiguous, and if so, whether the trial court properly construed it. We hold the ambiguity exists, and the trial court’s construction is correct.

Testatrix, approximately 80 years of age, lived with her older sister. Her holographic will vested a life estate in the sister, and authorized the independent executor to deal with the property at its discretion so as to provide for the sister’s support and maintenance. These provisions were followed by the clause in controversy :

“In event my…