Palmer v. Courage

By Judge Gerald Bruce Lee

This matter is before the Court following an ore tenus hearing. The issues before the Court are (1) whether Article IV (residuary clause) of the Will creates a charge against the residual real property to pay an unfunded pecuniary legacy; and (2) whether the Testatrix’s intent to create a specific pecuniary legacy to charge the residual real property is clear and manifest? Having reviewed the pleadings, memoranda and arguments of both counsel, the Court finds that the Testatrix’s intent was to charge the residual real property. Accordingly, the residual real property…