IN RE ESTATE OF MARGARET L. SWIFT

With Dissenting Opinion

This appeal involves the interpretation of a will. The named residuary beneficiary predeceased the testatrix. The executrix of the decedent’s estate argued that a survivorship requirement in the will applies to the named residuary beneficiary, so her interest lapsed. The issue of the residuary beneficiary argued that the survivorship requirement did not apply to the residuary beneficiary, so Tennessee’s anti-lapse statute operates to pass the beneficiary’s interest to her issue. The trial court held for the executrix, construing the will so as to apply the survivorship requirement to the residuary beneficiary. We agree with the trial court’s interpretation of the will, and so affirm.

Attorney 1: 

Walter L. Evans, II, Memphis, Tennessee, for the Respondent/Appellant, Brannon R. Wesley.

Attorney 2: 

Kathleen N. Gomes, Memphis, Tennessee, for the Beneficiary/ Appellee, Haywood Mull, Jr.

Kevin E. Childress, Memphis, Tennessee, for the Petitioner/Appellee, Christine Smith, Executor of the Estate of Margaret L. Swift.

Judge: 
KIRBY
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HIGHERS dissenting69.29 KB
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