Estate of Kennedy v. Miles

BERREY, Judge.

Emma Kennedy departed this life June 21,1984. She died testate and her will was admitted to probate in Pettis County, Missouri. In her will she left a specific cash bequest as follows: “To my cousin, Herman Miles, and his wife, Dorothy Miles, or the survivor, if either should predecease me the total sum of Two Thousand Dollars ($2,000.00).”

Appellant challenges the trial court’s approval of the final settlement and order of distribution because that order treated the specific bequest as a bequest to tenants in common rather than as tenants by the entirety. The final settlement…