In Re: Estate of Sandra Kay Christian

Syllabus

In this case involving the Last Will and Testament of Sandra Kay Christian, we construe a provision in her will in order to determine the interests of the parties with respect to real property owned by her. The deceased passed away on November 15, 2012. Her will contains a residuary clause. That clause devises two-fifths of the residue of her estate to Phyllis Midgett, Ms. Christian's sister. The will contains a separate provision that permits the deceased's nephews, John Reuben Christian, III and Ashley Paul Christian (the Nephews), to purchase her residence. The will provides that, in the event the Nephews elect to purchase the property, they will pay the deceased's niece, Regina Christian Dykes (the Niece), an amount that would make her share of the estate equal to theirs. The Nephews expressed their intent to purchase the residence. Ms. Midgett brought this action seeking a declaration that she has a two-fifths interest in the residence property. The trial court found the will provision at issue to be unambiguous. Consequently, the court held that Midgett has no interest in the residence property. The court directed Nephews to pay one-third of the value of the property to the Niece. Midgett appeals. We affirm