Estate of Puckett

Campbell & Farnsworth, Truman F. Campbell and Kenneth C. Farnsworth for Objector and Respondent.

OPINION

PIERSON, J. [*]

The last will and testament of Leta Puckett, deceased, was filed with the court September 15, 1976. During probate, appellant Lena Lee Myers filed a petition for determination of entitlement to estate distribution. She alleged that as first cousin of decedent, she was the sole heir at law of Leta Puckett and thus was entitled to any intestate property. Bank of America National Trust and Savings Association, executor and trustee under the will, filed objections. The trial court found there was no intestate property and that appellant had no interest in the trust property or income from such property.

The following portions of the decedent's last will and testament are pertinent to this appeal and to the hearing on the petition for determination of entitlement heard April 13, 1978:

(After disposing of numerous items of personal property to various beneficiaries, in which appellant was included, the following dispositions were made.)

"SIXTH: All of the rest, residue and remainder of my estate, both real and personal, and of whatever kind and character and…