McKinney v. Mosteller

FRYE, Justice.

Plaintiff, as executor of the estate, instituted this declaratory judgment action seeking an interpretation and construction of the will of Gordon Henry Baker. The trial court found that Item Five of the testator’s will, which purported to distribute the residue of the estate, was ineffective because its condition precedent was not satisfied. The Court of Appeals reversed the trial court, holding that the residue of the testator’s estate passed under the will by implication. We allowed the collateral heirs’ petition for discretionary review and now reverse the decision of the…