In Re Estate of James M. McKinney

Case Number

In this appeal, we construe a will. The trial court determined that the will disinherited one of the testator’s two daughters by necessary implication when the testator identified only one daughter as his child in the “Family” clause and did not indicate a specific intent to include the other daughter in the residue clause that disposed of his estate. Upon our de novo review, we hold that inclusive language in the family clause does not operate to disinherit one daughter when the residue clause defined “children” differently, such that both of the testator’s daughters are beneficiaries under the will. We therefore reverse the judgment of the chancery court and remand the matter for further proceedings.

Authoring Judge
Judge Andy D. Bennett
Originating Judge
Chancellor Joseph A. Woodruff
Case Name
In Re Estate of James M. McKinney
Date Filed
Dissent or Concur
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