Burnett v. First Commercial Trust Co.

W.H.“Dub” Arnold, Chief Justice.

This is a case involving a testamentary trust. The issue is whether the will containing the trust is ambiguous in its disposition of the testatrix’s property. We hold that the will is not ambiguous, and that the chancellor erred in receiving parol evidence on the question of the testatrix’s intent. We therefore reverse and remand.

The testatrix, Lois E. Burnett, died on June 10, 1994. At the time of her death, her family consisted of her brother, James Burnett, her nephew, William Spencer, Jr., and Spencer’s six children. Mrs. Burnett’s will provided for her…