Adams v. Masterson

BATEMAN, Justice.

In this suit for declaratory judgment construing a will and codicil, the sole question to be resolved is: Does the revocation of gifts of one-half of the residuary estate increase the remaining gifts from a half to the whole, or does the one-half of the residuary estate, covered by the revoked gifts, pass by intestacy to the heirs at law ? The independent executor of the will brought suit for instructions, and filed a motion for summary judgment, which was granted.

The appellants are two of the heirs at law, each being entitled to one-twelfth of such part of the residuary…