Appeal from the Morgan Circuit Court, The Honorable James E. Harris, Judge, Cause No. C-85-P-63
Neal, J., Robertson, J., Miller, P.j. Concur.
Bette Bolin (Bolin) and Charles E. Lucas (Lucas) appeal a decision of the Morgan Circuit Court construing the Last Will and Testament of John A. Walters, deceased (Testator).
The facts are not disputed. Decedent died testate on November 5, 1985, leaving two children, William F. Walters (William) and Rose Jeanne Steckler (Rose), as his natural heirs-at-law. His second and subsequent childless wife of some years, Jessie E. Walters (Jessie) predeceased him, but was survived by her two children by a prior marriage, Bolin and Lucas. His Last Will and Testament, bearing the date of September 29, 1979, was admitted to probate. Omitting the beginning declarations, instructions concerning debts, and the appointment of an executor, which provision has no bearing on the issue here, the remaining portions of the will, consisting of Items II and III, read as follows:
I hereby give, devise and bequeath to my beloved wife, JESSIE E. WALTERS, a life estate in the following described real estate:
At the termination of the life estate in JESSIE E. WALTERS, I hereby give, devise and bequeath said real estate, equally, and in fee simple, to WILLIAM F. WALTERS and ROSE JEANNE STECKLER, per stirpes.
I hereby give, devise and bequeath all of the rest, balance and residue of my property, of every kind and character, real, personal and mixed, of whatsoever nature and wheresoever situated, to my beloved wife, JESSIE E. WALTERS, per stirpes. It is my wish and desire that there ...