Guaranty Bank & Trust Co. v. RP BYRD

Goolsby, Judge:

*98Epworth Children’s Home appeals from an order construing the will of R. P. Byrd, Sr., in favor of the testator’s son, R. P. Byrd, Jr. The questions involved are whether Epworth or R. P., Jr., is entitled to the remainder interest in a trust established by R. P., Sr., for his other son, George S. Byrd and whether R. P., Jr., is collaterally estopped from litigating this issue. The trial judge held the remainder interest passed as intestate property to the only surviving heir of R. P., Sr., his son, R. P., Jr. We affirm.

R. P. Byrd, Sr., died testate in 1928 leaving a wife and two…