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Keywords

appealwilladmissibilitydeclaratory judgment
will

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Estate of Gill ex rel. Grant v. Clemson University Foundation, 397 S.C. 419, 725 S.E.2d 516, 279 Ed. Law Rep. 1230

Facts

Caroline Gill's estate filed a declaratory judgment action against Clemson University to determine the amount the university was entitled to from her estate to fund a scholarship endowment created by her will. The estate argued that Gill intended for a $100,000 IRA account to satisfy the bequest to Clemson, while Clemson claimed entitlement to both the IRA funds and the bequest from the will. The special referee ruled that the will was unambiguous and that the IRA was a non-testamentary asset, leading to the estate's appeal.

Gill executed the Will on May 27, 2004. The Morgan Stanley retirement account contained $180,959.25 on February 28, 2009. Gill signed the Agreement on April 26, 2005, and she passed away on November 12, 2008.

Issue

Did the special referee err in finding that the will was unambiguous and that the retirement account was a non-testamentary asset, thereby denying the estate's claims regarding the funding of the scholarship?

The Estate argues the special referee erred in failing to consider extrinsic evidence of Gill's intent because the terms of the Will and IRA beneficiary designation, as they pertain to the establishment and funding of the Scholarship, were ambiguous.

Rule

The paramount rule of will construction is to determine and give effect to the testator's intent, and if the terms of a will are ambiguous, extrinsic evidence may be considered to resolve the ambiguity.

The paramount rule of will construction is to determine and give effect to the testator's intent.

Analysis

The court applied the rule of will construction by affirming the special referee's determination that the will was unambiguous and that the IRA account was a non-testamentary asset. The estate's arguments regarding latent ambiguity and the admissibility of extrinsic evidence were found to be unpreserved for appeal. The court noted that the special referee's findings were supported by the law and the facts presented, including the lack of evidence that Gill intended the IRA to satisfy the bequest.

The Estate argues the special referee erred in failing to consider extrinsic evidence of Gill's intent because the terms of the Will and IRA beneficiary designation, as they pertain to the establishment and funding of the Scholarship, were ambiguous.

Conclusion

The court affirmed the special referee's order, concluding that the estate's claims were without merit and that the IRA did not satisfy the bequest specified in the will.

The court affirmed the special referee's order, concluding that the estate's claims were without merit and that the IRA did not satisfy the bequest specified in the will.

Who won?

Clemson University prevailed in the case because the court upheld the special referee's findings that the will was unambiguous and that the IRA was a non-testamentary asset.

Clemson University prevailed in the case because the court upheld the special referee's findings that the will was unambiguous and that the IRA was a non-testamentary asset.

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