In re the Estate of Mell

The residuary legatees of decedent E. J. Mell appeal from the trial court's distribution of the entire estate to decedent's son Arthur J. Mell. The issue is whether the trial court erred in concluding that the will was unambiguous, that extrinsic evidence of the testator's intent could not therefore be considered, and in decreeing distribution of the entire estate to Arthur J. Mell, leaving nothing for the residuary legatees. We answer in the affirmative and reverse.

Decedent, E. J. Mell, executed a last will and testament on December 12, 1970. At that time he was married to Mary A. Mell. Mary…