Wright v. Brandon

OPINION

O’BRIEN, Justice.

The issue presented in this appeal revolves about whether the term per stirpes used in conjunction with the term heirs at law in a testamentary document work together to exclude the surviving spouse of a named predeceased residuary legatee from inheriting under the terms of a properly executed and probated will. At trial both parties moved for summary judgment. The court granted summary judgment for the plaintiffs; the defendant appealed. The Court of Appeals reversed and granted summary judgment for the defendant. The cause is now before this Court on the grant of the…