Jacoway v. Brittain

This appeal raises the issue of whether the trial judge erred in allowing extrinsic evidence to prove the intent of the testator.

The pertinent portion of the subject will is:

"I hereby give, devise and bequeath all of my personal property, located in my home, or on my property, unto Kathleen Brittain Owen, subject to the specific devises set out herein below . . ." (Emphasis added.)

The will contained no residuary clause.

The dispute centers around this question: Do the words ". . .all of my personal property, located in my home, or on myproperty . . ." include some $25,000 in cash and…