Hamilton Bank of Upper East Tennessee v. Milligan College

OPINION

FRANKS, Judge.

The issue presented in this declaratory judgment action to construe a will is who must contribute to the dissenting spouse’s share in the estate.

The chancellor granted summary judgment, essentially holding that the testatrix had divided her residuary estate into two parts. We reverse.

Lucille M. Blackburn died testate on October 11, 1988. Item I of her will provides for the payment of her debts out of the estate. Item II of her will gives special bequests of money to her husband, her brother, two friends and a church. Item III of her will names Hamilton Bank as trustee of…