Bye v. Mattingly

STEPHENS, Chief Justice.

The testator, William Louis McQuady, and Alberta Beavin McQuady were married for forty-five years prior to Ms. McQuady’s death on March 23, 1989. In October of 1988, the McQuadys executed identical wills which left the surviving spouse in possession of the entire estate. In the event that there was no surviving spouse, all realty was to pass to Richard Keith MeQuady, a second cousin once removed to William MeQuady, and all personalty was to pass to Samuel Thomas Beavin, brother of Alberta Beavin MeQuady. Accordingly, on Ms. MeQuady’s death, the entire estate passed to…