Albright v. Albright

KENNEDY, Presiding Judge.

This is a will contest, section 473.083, RSMo 1994, which seeks to set aside the will of Elmer Adolph Albright as totally inoperative. The contestants’ argument is that the will was conditional, and that the condition failed. The argument, if accepted, would leave the decedent intestate.

A will is inoperative if it was intended by the testator to be effective only upon the happening of a condition, and the condition did not happen. Naylor v. Koeppe, 686 S.W.2d 47, 49 (Mo.App.1985). The issue in the case is not the construction of the dispos-itive provisions of the…