Stickley v. Carmichael

OPINION

ANDERSON, Justice.

In this will construction action, we granted the application for permission to appeal in order to determine the testatrix’s intent with respect to extra shares that resulted from a stock split that occurred after the will was executed and before the testatrix’s death. The determinative issue is whether the testatrix intended for the additional split shares of stock to pass to the three named legatees of the original shares, or whether the testatrix intended for the extra shares to pass under the residuary clause to the defendant alone.

At the first trial, the trial…