Thomasson v. Kirk

OPINION

DRAUGHN, Justice.

This is an appeal from a Declaratory Judgment interpreting the will of Birch Benton Kirk, deceased. The trial court found for appellees, a nephew and niece of the testator, who were conditional beneficiaries under the will. Appellants represent the estate interests of Blanche Myrtle Kirk, a deceased sister of the testator and a primary beneficiary named in the will, but who died before the testator’s estate was distributed.

The primary issue involved is whether the testator intended to, and could, legally condition his testamentary gifts to his siblings so as to require…