First Presbyterian Church v. Price

Hill, Presiding Justice.

This is a will construction case. May Evins Gilfillan died on May 2, 1963. Her will created a life estate in all of her real and personal property for Elsie Evins Kersey, her sister, who died on August 15, 1979. Following the death of the life tenant, Julian Price, Sr., as *39executor, filed a petition for construction of the will and direction as to the proper distribution of the estate.

After providing that her debts be paid, the testatrix provided as follows:

“ITEM TWO. If my sister, MRS. ELSIE EVINS KERSEY, survives me, I give, devise, and bequeath to her, for her to…