Feeney v. Feeney

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At issue was how to construe a will’s residuary clause to determine what estate it granted to the testator’s wife (Wife) and whether Appellants were entitled to their attorneys’ fees under the doctrine of judicial instructions.Testator’s son filed a complaint asking the circuit court to construe the residuary clause as granting Wife a life estate in the residual property. The circuit court granted Wife’s motion for summary judgment, concluding that the intent of Testator was to devise and bequeath all of the rest and residue of the estate to Wife and that a life estate was not created. Despite this adverse ruling, Testator’s two sons (together, Appellants) moved for the circuit court to tax their attorneys’ fees against the estate on the ground that the meaning of the residuary clause required judicial instruction. The circuit court declined to do so. The Supreme Court affirmed in part and reversed and remanded in part, holding (1) the residuary clause unambiguously granted Wife a life estate in the residual property; and (2) the circuit court properly refused to award attorneys’ fees under the doctrine of judicial instructions. View "Feeney v. Feeney" on Justia Law