Wells v. Sanford

663 S.W.2d 174 (1984)

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Nature of the Case

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Facts

Nora was declared physically incompetent in 1974, and Elvan G. Sanford, was appointed her guardian. In 1977, Hiram, Nora's son, executed his Last Will and Testament. The Will contained the following provisions: If my mother, Nora Wells, is living at the time of my death, then I give, devise, and bequeath my entire estate to Elvan G. Sanford, as Trustee to be held in trust for the use and benefit of my mother as long as she lives. I authorize the Trustee to expend for the support and maintenance of the said Nora Wells, such sums as may be necessary as long as she lives. If my mother, Nora Wells, is not living at the time of my death, then I give, devise, and bequeath my estate to Elvan G. Sanford and/or Koleta J. Sanford, his wife, to have and to hold as their absolute property. If my mother, Nora Wells, survives me, any of my estate left at her death I hereby direct said Elvan G. Sanford and/or Koleta J. Sanford to receive any and all of balance of estate left as their absolute property. Hiram died in 1979 with real property as the corpus of the testamentary trust. Nora resides in a nursing home and owes an unpaid bill of $23,749.74. Nora's property consists of: (1) 109 acres of realty owned in fee and subject to the guardianship of Elvan Sanford; and (2) her life interest in the 80 acres of realty constituting the testamentary trust of Hiram. Sanford (P) petitioned to sell the guardianship assets of Nora and apply the proceeds to her support. Subsequently, J. C. Wells and Irene Bain, and Nora Wells' children (Ds) petitioned to direct P to sell the trust assets and apply those proceeds for Nora's support. The court dismissed Ds' petition to sell the trust assets finding that Hiram intended that his testamentary trust be used to support Nora only in the event her own property was insufficient to maintain her. Ds appealed.