Bennett v. Young

Fletcher, Presiding Justice.

Judy F. Calvert Bennett is the widow of James F. Bennett and Debra Elaine Bennett Young is his daughter from his first marriage and executrix under his will. Mrs. Bennett brought a declaratory judgment to establish the meaning of several terms and clauses in the will. Because the trial court’s construction of the will was in accordance with the law and the evidence, we affirm.

1. The construction of a will is a question of law for the court. The cardinal rule for construing wills is for the court to ascertain and give effect to the testator’s intent. In order to…