In Re Estate of Bean

OPINION

Opinion by

Justice ROSS.

This is an appeal from a judgment on a jury verdict construing Mary Ann Bean’s will. Paragraph 6(3) of Bean’s will devises “the eighty (80) acres I own in the J. Bennett Survey.” The current dispute arose because Bean did not expressly own “80 acres in the J. Bennett Survey.” William Shore is both the independent executor and a devisee of his great-aunt Bean’s estate. Shore’s cousins are Tom G. DeWitt, III, James J. De-Witt, and Mario DeWitt Senick (the De-Witts). The DeWitts asked the court to declare which interest(s) passed under paragraph 6(3) and which under…