Kimley v. Whittaker

The opinion of the Court was delivered by

Sullivan, J.

This is a will case. Decedent Prances M. Lula died August 30, 1970 leaving a will dated December 2, 1955 wherein she left her entire estate to her husband Walter, but made no provision for alternate disposition in the event he predeceased her. In fact, she survived her husband.

The operative provisions of decedent’s will, which was duly admitted to probate, are as follows:

“FOURTH: I do hereby give unto my husband Walter Anthony Lula all of the property, real, personal and mixed, together with all rights, titles and interest, of which I may…