Routh v. Routh

MILLER, Presiding Judge.

Lawsky Routh, executor of the estate of Charles Routh, petitioned the Harrison Circuit Court to construe certain provisions of Charles's will. The court held that Charles intended a specific bequest in favor of his son Harold, instead of a residuary bequest in favor of sons Lawsky and Harold, be abated to satisfy claims of Charles's widow. The court ordered Harold's bequest to be abated, and Harold appeals. We find the court erred, and we reverse.

FACTS

The facts giving rise to this controversy are essentially undisputed. Charlee M. *47Routh died testate on November 80,…