Estate Of Carroll

764 S.W.2d 736 (Mo. Ct. App. 1989)

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Nature of the Case

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Facts

Archie and Dortha had been married for over 57 years, and had no children. Dortha had eight nieces and nephews who were the children of her brothers and sisters. Archie had twelve nieces and nephews, who were the children of his brothers and sisters. The parties executed separate wills. Archie's residuary estate was bequeathed to Dortha. In the event, Dortha predeceased Archie, on Archie's death, his residuary estate was to be equally divided between 'my nieces and nephews that are living as of the date of my death.' Dortha's will contained similar provisions, and provided that if Archie predeceased her the residuary estate was to go to 'my nieces and nephews that are living as of the date of my death.' The wills were drafted by an attorney who was one of the witnesses to the wills. Dortha died on July 5, 1980. Archie died on September 19, 1986. Ps filed to construe the will, seeking a declaration that Archie's bequest to 'my nieces and nephews that are living as of the date of my death' included them, as well as children of Archie's brothers and sisters. Testimony was taken. The court held the phrase, my nieces and nephews, to be clear and unambiguous and means the children of brothers and sisters. Ps were held to take nothing. Ps appealed.