Ball v. Ball

By Judge Robert K. Woltz

This suit is one for declaratory judgment to construe the will of Horace T. Ball. The construction involves to whom did he devise his real estate.

At the time of executing his will November 1, 1961, Horace Ball was unmarried and unsurvived by issue but survived by certain collateral kindred. About ten months later, the testator died still without surviving issue but survived by these same collaterals and survived by a wife, Lena D. Ball, formerly Lena Davis. She died testate in 1981 purporting to devise the real estate mentioned in the testator’s will to the…