Banner v. Vandeford

John Huscusson died leaving three adult daughters as heirs of his estate: Tina Banner, Deborah Vandeford and Karen Nee. In his will, Huscusson specifically revoked his previous will, which had been executed in 2006 and had provided that Huscusson's daughters were to share equally in the estate. The 2012 will named Banner as executrix. It provided that Huscusson was "extremely disappointed" in Vandeford and Nee and that each of them was to receive a specific bequest in the amount of $10. Banner was not given a specific bequest. Vandeford and Nee filed a declaratory judgment action seeking an interpretation of the will. Following a hearing, the probate court determined that the will was plain and unambiguous; that it did not contain a residue clause; and that, therefore, the lapsed gift of the residue must pass by intestacy. Banner appealed and after review, the Supreme Court affirmed. View "Banner v. Vandeford" on Justia Law