Ross v. Kane

In this will construction case, plaintiffs, nieces and nephews of testator Gilbert Ross, sought a finding that their uncle’s will was ambiguous and that his intent, as shown by extrinsic evidence, was for his property to pass to his siblings or their descendants. The trial court entered summary judgment for defendants, testator’s surviving siblings, who claimed that the will and the applicable law provide that the entire residuary estate passes only to them in equal parts. We affirm.

On March 5, 1981, Gilbert Ross executed a will, which was drafted with the assistance of an attorney. The will…