Brinkman v. Brinkman

*383 NATURE OF CASE

The daughter of a testator sought a declaration of her rights under her father's will as an alleged devisee, claiming to be entitled to one-half of the residual share of her father's **317 testamentary estate under a residuary clause in the decedent's will. The estate asserted that the decedent unambiguously disinherited the daughter by excluding her name in the definition of " 'children' " or " 'issue,' " while expressly including the decedent's younger son's name and "all children of mine born or adopted after the execution hereof." After both parties moved for summary…