In Re the Estate of Smith

This appeal involves a single question of fact:. Did the testator intend to designate alternate remainder beneficiaries of a testamentary trust if, as occurred, the designated remainderman predeceased the life beneficiary? Because we do not find such an intent in the will and codicils of Agnes de Puy Smith, we affirm the trial court's judgment awarding the remainder interest to the beneficiary of the will of the designated remainderman, J. O. Wiek.

Agnes de Puy Smith, a widow, died without issue on January 24, 1981. With the aid of an attorney, she had executed a will on March 24, 1976, and a…