McGuire v. McGuire, 82-21
| Decision Date | 05 April 1982 |
| Docket Number | No. 82-21,82-21 |
| Citation | 275 Ark. 432,631 S.W.2d 12 |
| Parties | Richard Daniel McGUIRE, et al., Appellants, v. Sharon Lynn McGUIRE, et al., Appellees. |
| Court | Arkansas Supreme Court |
Autrey & Weisenberger by LeRoy Autrey, and Lingo & Johnson by Kirk D. Johnson, Texarkana, for appellant.
Dowd, Harrelson & Moore by C. Wayne Dowd, Texarkana, for appellee.
The Probate Court of Miller County considered an instrument purporting to be the last will and testament of the decedent, Carl Edward McGuire, and a petition to grant letters of administration on the estate. The will had given the testator's property to his wife with the residual beneficiaries being his stepchildren. A divorce ensued; however, the will was not changed. The court rejected the petition for letters of administration and construed the will as though the widow had predeceased the testator and awarded the bounty to the decedent's stepchildren in accordance with the terms of the will.
On appeal the appellant argues two points: (1) the court erred by failing to recognize the intent of the decedent as expressed in his will and in treating the will as though the former wife had predeceased him; and, (2) the court erred in holding that the stepchildren named in the will should take the estate as residuary legatees. We hold that the probate judge reached the right results in his construction of the will and in the rejection of the petition for appointment of an administrator of the estate.
Carl Edward McGuire executed his last will and testament on January 21, 1975, while he was a resident of Jacksonville, Florida. He and his wife, Sharon Lynn McGuire, were subsequently divorced in Miller County, Arkansas, on January 28, 1980. He died on February 23, 1980. His will was not changed prior to his death.
On March 26, 1980, appellant, Richard Daniel McGuire, oldest brother of the decedent, filed a petition in the probate court in which he sought appointment as administrator of the decedent's estate whom he alleged had died intestate. On April 9, 1980, the former wife filed a petition to probate the will of the decedent.
The pertinent parts of the will were as follows:
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