Jones v. Bransford

David Newbern, Judge.

We are asked, mainly, to determine the effect of revocation of a clause in a will giving a portion of the residue of the estate. We must decide whether property which would have passed according to the revoked provision falls into the residue or passes by intestacy. We hold that it passes by intestacy, and because we cannot ascertain from the record the trial court’s disposition of the property in question, we remand the case.

The will originally provided for several specific bequests and division of the residue into four equal parts. Three of the parts were to go to the…