Haskins v. Garrett

Opinion by

Judge RULAND.

Dorothy Garrett, personal representative of Helen M. Penrod’s estate, seeks a declaratory judgment proceeding to construe the decedent’s will. Specifically, the personal representative appeals from the judgment entered in favor of plaintiff, Orville I. Has-kins. We affirm.

The relevant facts are not in dispute. The decedent executed a will containing a trust for the benefit of her brother, George W. Tiedeman, with a remainder interest in plaintiff. In this respect, Article VIII of the will states:

“I hereby constitute and appoint THE CENTRAL BANK AND TRUST COMPANY as…