Rayburn v. Allen

CARLEY, Justice.

Clyde Allen died in February of 2003, and was survived by his wife, Bonnie Jean Allen (Wife), and by his son from a former marriage, Jason Allen (Son). The three shared a home owned by Mr. Allen but, after his death, both Wife and Son moved out. Mr. Allen’s will named Wife as executrix, and directed that she sell the property and divide the proceeds between herself and Son. The will further contained a “Special Request” which provided, in relevant part, that,

[u]ntil the house and property [are] sold, . . . the monthly payments and all taxes, [are to] be paid in two (2) equal…