Hennessey v. Hennessey

OPINION BY

KELLY, J.:

¶ 1 Appellant, Elizabeth Hennessey, appeals from the order entered in the Montgomery County Court of Common Pleas, which: (1) awarded survivor benefits from annuities created in accordance with the will of James Edward Hennessey, Jr. (“J. Edward”) to the estate of his son, James E. Hennessey, III (“James”); and (2) nullified the James E. Hennessey, III Trust (“James III Trust”). Appellant asks us to evaluate whether there was a latent ambiguity in the will that would allow parol evidence to demonstrate J. Edward’s desire to create annuities with residual benefits.…