Morse v. Sharkey

764 N.W.2d 1 (2009)

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Nature of the Case

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Facts

Alice Raymond and her husband Claude executed mirror-image wills, leaving their estates to one another upon death. 1 Claude predeceased Alice in February 2000, and Alice died in February 2005. Because Alice's spouse was already deceased, the residuary clause of the will came into effect. The estate would be divided as follows: Fifty (50%) percent thereof to my brothers and sisters that survive me share and share alike or to the survivor or survivors thereof. Fifty (50%) percent thereof to the brothers and sisters of my husband that survive me, share and share alike or to the survivor or survivors thereof. Alice had eight siblings, but at the time of her death, only two of her siblings were alive. Claude had eight siblings, but only three were alive at the time of Alice's death. Morse (Ps), are Alice's surviving brothers. Ds are some of the children and grandchildren of the deceased siblings of Alice and Claude. P petitioned for probate and argued that only the surviving siblings of Alice and Claude could take under the clear terms of the will. Ds maintained that the will provided for 'the survivor or survivors' of the deceased siblings of Alice and Claude. The judge agreed with P and denied respondents a share of the estate. The Court of Appeals affirmed.