Hooks v. Mayo

BECTON, Judge.

Plaintiffs sought a declaratory judgment to construe the Last Will and Testament of Jake G. Mayo. The trial judge ruled that Mr. Mayo’s will devised a vested remainder in his farm to such of his nieces and nephews who were living at the time of his death. Plaintiffs appeal, contending that the testator intended that only the nieces and nephews who survived the life tenant should have an interest in the farm. We reverse and. remand with instructions that the trial judge enter summary judgment for plaintiffs.

I

Jake G. Mayo died testate on 31 May 1940. He was survived by his wife,…