Spicer v. Wright

211 S.E.2d 79 (1975)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Leila died March 22, 1968, survived by her husband, D, her sole heir at law. In her holographic, she named her sister, Wilson as 'executor' without bond. Wilson died on June 8, 1970. P qualified as administrator and filed a bill seeking aid and guidance in the construction of the will. The third paragraph of the will provided: 'My estate of every kind and description, personal, real estate, etc., I give to my sister, Anne Beecher Wilson to be disposed of as already agreed between us.' The chancellor held 'that Anne Beecher Wilson acquired a fee simple title to the estate free of and from all trusts.' D appealed. D contends that the language of the will, 'to be disposed of as already agreed between us', is imperative and connotes an intent to create an express trust; that such testamentary intent is corroborated by the extrinsic evidence; and that since the terms of the agreement are unknown and the express trust cannot be enforced, '[the] property must be held as a resulting trust for Leila's heir and next of kin D.'