Skinner v. Moore

OPINION

McCLOUD, Senior Justice.

This is a will construction case. The issue is whether “four Subway Sandwich Shop franchises” pass to Shirley J. Moore as a specific bequest or to Ben S. Skinner, III and Sharon Leigh Kane under the residuary clause of the will. All parties moved for summary judgment. The trial court ruled in favor of Moore. Skinner and Kane appeal. We affirm.

The controversy results from a codicil to the will of Ben S. Skinner, Jr., deceased. The codicil reads:

SECTION IV

SPECIFIC BEQUESTS

I give my 1985 Nissan 300 ZX automobile to SHIRLEY J. MOORE.

I give all my tools to MELVIN…