Tyrrell v. McCaw

OPINION

FEDERICI, Chief Justice.

Plaintiff-appellant Leo D. Tyrrell, Jr. (plaintiff), as personal representative of the estate of decedent Frances H. Cruse, brought this action seeking the trial court’s construction of decedent’s will based upon an alleged mistake of fact, or alternatively to have the court enforce a settlement agreement among the heirs. Following a trial without jury, the trial court held that the language of the will was unambiguous and that any mistake of fact that the testatrix might have made in her will was immaterial. The court also held that there was no valid…