Tumlin v. Butler

Carley, Justice.

This case concerns construction of the will of Palina O’Brien. Appellee is the executor of the will and appellant is a nephew of the testatrix who was not named in the will. After a hearing on cross-motions for summary judgment, the superior court denied appellant’s motion and granted appellee’s motion. Appellant appeals from that order.

The sections of the will to be construed are Items VI and VII. Item VI provides, in relevant part, as follows:

All the rest, residue and remainder of my estate [, consisting entirely of personal property], including any lapsed or void legacy . .…