In Re Estate of Mell

This case involves the construction of a will which distributes E. J. Mell's estate. The trial court found the will unambiguous and distributed the entire estate to the decedent's son, Arthur J. Mell. The Court of Appeals reversed, holding that the testator intended for the residuary legatees to receive a portion of the property. In re Estate of Mell, 40 Wn. App. 359, 698 P.2d 1080 (1985). We reverse and reinstate the judgment of the trial court.

Facts

The facts are undisputed. On December 12, 1970, E. J. Mell and his wife, Mary Mell, executed separate wills. Mary Mell had two children from a…