O'NEILL v. Alford

PEDEN, Justice.

Mr. Alford brought this suit for a declaratory judgment against Mr. O’Neill, the executor of the will of Mrs. Alice Marshall, asserting that as devisee of 69 shares of Eastman Kodak Co. stock he is entitled to receive the shares resulting from a two-for-one stock split effected by Eastman Kodak after execution of the will but before the death of Mrs. Marshall.

After a non-jury hearing, the trial court entered a judgment awarding the shares in question to Mr. Alford. On appeal Mr. O’-Neill’s points of error are that the trial court erred by 1) failing to consider the intent of…