Smith v. Estate of Smith

Steele Hays, Justice.

Appellant, Lowe Smith, and his wife, Sadie Smith executed a mutual will on July 27, 1985 which provided that each would leave his or her property to the survivor. The will specifically described real property and generally described personal property and provided that on the death of the survivor the real and personal property should be divided equally among two children and seven grandchildren, the appellees.

Sadie Smith died on April 1,1986 and her will was admitted to probate on May 23,1986. Appellant filed a petition to construe the will, requesting that it be found…