Allen v. Talley

OPINION

WRIGHT, Justice.

This is a will construction case. The question presented is whether the decedent’s will contains words of survivorship which preclude application of the anti-lapse statute. 1 The trial court held that it did and granted summary judgment accordingly. We affirm.

The facts are not disputed. The controversy results from the will of Mary B. Boase Shoults, deceased, which provides in relevant part:

I give, devise and bequeath unto my living brothers and sisters: John Allen, Claude Allen, Lewis Allen, Lera Talley, and Juanita Jordan, to share and share alike, all of the…