Baillio v. Donn

By Judge Marc Jacobson

Edna Caiy Lee (Edna) died Januaiy 11,1985, and under her holographic will (Edna’s Will), she devised $10,000 and some A. T. & T. stock to her brother. Ellroy C. Lee (Ellroy). See Edna’s Will. Edna’s Will stated “if Jo [indicating Josephine Cannon Lee, Ellroy’s wife (Jo)] after his death needs it for sickness, she may use it otherwise it go back in to my family.” See id. The last sentence of Edna’s Will also states “Money left Jo at her death goes back to my family.” See id. Ellroy predeceased Edna, so at the time of Edna’s death, Jo took possession of the cash and the…