Riggs v. Wyroba

FARMER, Judge.

The question involved in this appeal is whether the term, “my entire estate,” in a will refers to only the probate estate or, instead, includes both the probate estate and property passing outside the estate as inter vivos gifts and jointly held survivorship property. We hold that it has only the former meaning and reverse a probate judgment to the contrary.

The trial judge explained the expansive meaning he gave to the term as follows:

“After hearing the testimony and viewing the evidence, the Court is convinced that Mr. Riggs intended to keep on doing business in the same old…