Nicholson v. Nicholson

OPINION

McCANLESS, Justice.

This is a will construction case involving the testator’s bequest of common stock to a class of remaindermen described in his will as his “heirs at law.” The successor trustee filed this complaint seeking a construction of the will. The question to be determined is at what time the testator’s “heirs” are to be determined. The Chancellor held in favor of the defendant V. L. Nicholson Company, and this appeal was filed on behalf of the defendants Brock McFall Nicholson and Brenda Nicholson Pritchard, children of testator’s nephew, George Brock Nicholson.

The facts were…