In the estate, the son filed a motion to interpret the will, and the parties filed competing motions for summary judgment requesting the court to determine whether the son was the sole heir to mother’s estate. The daughter died ninety days after her mother, and the son took the position that her interest in the residuary estate belonged to the son. The will contained a residuary clause:Īll the remaining property, real and otherwise, of every kind and description, wheresoever situated, which I may own or have the right to dispose of at the time of my decease, I give, devise and bequeath to my surviving children, TIFFANY DAWN TRESCOTT and BUDDY LEE MORGENROTH, share and share alike, remainder to the survivor of them. In In re Estate of Morgenroth, a mother died testate with a will that gave specific devises to her two children, a son and daughter.
