Hillyer v. Hillyer

POLEN, Judge.

Gale Hillyer, the personal representative of her mother’s estate, appeals from an Order Concerning Petition to Determine Homestead Property, in which the probate court determined that the decedent’s one-half interest in her condominium passed pursuant to the residuary clause, rather than paragraph two of her will. We reverse.

This case involves the interpretation of language in the will of Elizabeth Hillyer who died on November 6, 1993. Paragraph II of the will which was executed on March 15, 1991, is the pertinent provision. It reads as follows:

With respect to any property which…