McCann v. Merchants National Bank & Trust Co.

This action was commenced in the Probate Court of Marion County by appellant, Carl McCann, by a petition to construe the Last Will and Testament of Anne Darby McCann, deceased.

The facts surrounding the issues in this appeal can best be understood by setting forth the pertinent part of the “Order on Petition to Construe Will,” which reads as follows:

“1. The bequest and devise to Carl McCann pursuant to the provisions of the Last Will and Testament of Anne Darby McCann, deceased, be and it is hereby determined to be an amount equal in value to one-third (%) of the sum total of the values of the…