Estate of Glenda Rhoades

CONCURRING1 AND DISSENTING OPINION

I. Introduction

This is an appeal from the trial’ court’s summary judgment construing the will of the decedent, Glenda Rhoades. Because the Majority Opinion fails to properly apply the rules of will construction to Rhoades’s will and construes Rhoades’s will contrary to her expressed intent, I dissent.

II. Background

Rhoades signed a will in which she devised all of her interest in her residential homestead, all of her personal property, and all of the rest of her estate ’to her father Glen; however, if her father predeceased her—as is the case here—she provided…