Kemp v. Rawlings

Justice MOORE:

We are asked to determine whether the circuit court erred by affirming the probate court’s decision finding appellant was not entitled to certain joint account funds following the death of her husband. We reverse.

FACTS

This case involves the construction of the will of Colonel William Rawlings (Col.Rawlings). Col. Rawlings’ adult children (respondents) filed a complaint in probate court alleging constructive trust, accounting, and conversion, against appellant, who is Col. Rawlings’ widow. William L. Shipley, the attorney who is the personal representative of Col. Rawlings’…