Foster v. Foster

Judy Monk, a defendant below and the appellant herein, appeals from an order of the Circuit Court of Mercer County which denied her motion for reconsideration. On February 24, 1995, the circuit court declared the holographic will of Evelyn Foster, dated September 12, 1991, ambiguous and thereby invalid and further determined that Ms. Foster’s estate should be distributed according to the laws of intestacy between her two children. After reviewing the record, we agree with Ms. Monk’s assertion that the will should not be void for uncertainty. A fair reading of the will reveals Ms. Foster’s…