Varns v. Varns

Reece, Judge.

In this appeal we must determine the meaning to be afforded the phrase “heirs per stirpes” as employed by Clifford D. Varns in his last will and testament. Clifford executed the document on March 24, 1986, at which time he was unmarried with three living adult children: Donald J. Varns, Roger E. Varns, and Janice Elaine McKelvey. One daughter, Joanne Franks, had died in July 1985, leaving her husband, Kenneth D. Franks, and two children, Debra J. and Kerry D. Franks.

The pertinent provision of the will, Item V, governs the residue of the estate and declares that:

“All the rest and…