Estate of Wells v. Sanford

P. A. Hollingsworth, Justice.

The central issue raised in this appeal is whether the assets of a testamentary trust should be used to support a woman who has been declared incompetent before her own assets, as controlled by her guardian, are used.

Nora Wells was declared physically incompetent in 1974 and Elvan G. Sanford, one of the appellees, was appointed her guardian. In 1977, Hiram Wells, Nora Wells’ son, executed his Last Will and Testament. The Will contained the following provisions:

II

If my mother, Nora Wells, is living at the time of my death, then I give, devise, and bequeath my…