WILLS (residuum, intestacy, charitable designation): Mackey v. Hinson (COA 12/4/2009)

Mackey v. Hinson
2008-CA-002328 12/04/2009 2009 WL 4406090 DR Pending

Opinion by Judge Lambert; Judge Taylor and Senior Judge Henry concurred. The Court affirmed a summary judgment finding a will to be unambiguous and distributing undesignated residuum to four charities. The Court held that the trial court properly found that the will was unambiguous in its direction that all undesignated portions of the estate should be distributed pursuant to the residuary clause therein. Any miscalculation or omission which resulted in a portion of the estate going undesignated did not result in intestacy as to the undesignated portion. Rather, the contingency was expressly and manifestly set forth in the residuary clause.

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