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trialtrustwill

Related Cases

Fowler v. Hogue, 276 Ark. 416, 635 S.W.2d 274

Facts

Delphia Wilson created a testamentary trust in her will, designating specific income shares for various beneficiaries. Upon the death of George Milburn Bowden, his interest was to pass to his two sons, Mike and Timmy Bowden, who would receive half of their father's share. After the death of Juanita Bowden, the remaining beneficiaries' shares were adjusted, and when George Milburn Bowden died, a dispute arose regarding whether his sons were entitled to their father's original 20 percent share or the 27.5 percent he was receiving at his death.

Delphia Wilson, whose estate consisted primarily of farm land in Poinsett County, created a trust in her will for certain beneficiaries who were to receive during their respective lives the following income from the trust: 1. Juanita Bowden, 30% of the net annual income; 2. Dale Thomas Bowden, 30% of the net annual income; 3. George Milburn Bowden, 20% of the net annual income; 4. Doris Bowden, 10% of the net annual income; 5. George Carlyle Bowden, 10% of the net annual income. Besides that provision the only other relevant language in the will reads: Upon the death of George Milburn Bowden, his interest shall pass to his two sons, Mike Bowden and Timmy Bowden, who shall receive one-half (1/2) each of the said George Milburn Bowden's share.

Issue

The main issue was whether George Milburn Bowden's sons were entitled to the 27.5 percent share their father was receiving at his death or only the original 20 percent granted to him by the trust.

The question before us involves the interpretation of the language in a testamentary trust.

Rule

The court applied the principle that the language of a will should be interpreted in its plain and ordinary meaning to ascertain the true intention of the testator.

We affirm the trial court's determination which essentially was that the plain and ordinary meaning of the language controls.

Analysis

The court analyzed the language of the will and determined that it clearly stated that upon George Milburn Bowden's death, his sons were to receive his share. Since he was receiving 27.5 percent at the time of his death, the court concluded that the sons were entitled to this amount, as it was the only reasonable interpretation of the trust's language.

George Milburn Bowden's sons were favored by the trust; only his sons were granted a share in the income from the trust. It is possible that George Milburn Bowden could have died first and, if so, his sons would have only received 20% of the income from the trust. As it turned out, he died later and his sons' share is greater because, according to the plain language of the trust, they were to receive his share at his death. That is the interpretation the trial court gave the language and that is the only reasonable interpretation we can give the language in view of the law.

Conclusion

The court affirmed the trial court's decision, holding that George Milburn Bowden's sons were entitled to receive 27.5 percent of the trust income for the duration of the trust.

Affirmed.

Who won?

The prevailing party was George Milburn Bowden's sons, Mike and Timmy Bowden, as the court ruled in their favor based on the clear language of the trust.

The trial court held that the two sons would receive 27.5% for the duration of the trust.

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