Estate of Ashton v. Ashton

OPINION

GARFF, Judge.

Appellant, Steven Ashton, appeals the order determining the heirs of his father, Kenneth Dale Ashton, claiming that the operative language of the will conveys only a life estate. The court, in an order dated December 1, 1989, determined that Ruth Elizabeth Ashton, the deceased’s second wife, took the estate free and clear of all claims of the children. We reverse and remand.

FACTS

Decedent, Kenneth Dale Ashton, and his first wife, Thelma, had four children. After Thelma died, Mr. Ashton married Ruth Elizabeth Ashton on August 30, 1985. On March 12, 1986 he executed a will.…