Waters v. Hawkins

GREENE, Judge.

Plaintiffs, who are the children of the brothers and sisters of Dortha Carroll, deceased, appeal from a trial court judgment which construed the will of Archie L. Carroll, who was the surviving husband of Dortha, in a manner that excluded plaintiffs from being considered as beneficiaries of Archie’s estate.

The relevant facts are not in dispute. Archie and Dortha had been married for over 57 years, and had no children. Dortha had eight nieces and nephews who were the children of her brothers and sisters. Archie had twelve nieces and nephews who were the children of his brothers…