Matter of Estate of Palizzi

Opinion by

Judge PLANK.

Respondent, Tom Palizzi, personal representative of the Estate of Anthony Palizzi, Jr. (Tony’s Estate) appeals the judgment of the trial court entered in favor of petitioner, Margaret M. Palizzi, personal representative of the Estate of Carl A. Palizzi (Carl’s Estate). We reverse and remand.

This appeal involves the interpretation of the will of Anthony Palizzi, Jr. (the Will). At his death, the testator owned, inter alia, a sixty-acre farm, which had been traditionally supplied water by virtue of certain water rights also owned by testator. The Will specifically devised…