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Keywords

plaintiffattorneyappealtrialtestimonywilldeclaratory judgment
plaintiffattorneyappealtrialtestimonywilldeclaratory judgment

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Scarlett v. Hopper, 110 Or.App. 457, 823 P.2d 435

Facts

The plaintiffs, who are the daughters and grandson of the decedent, contested the interpretation of a will that included a residuary clause favoring the decedent's husband. The will specified that the decedent's house was to be sold, with proceeds distributed among the plaintiffs. The trial court, influenced by the testimony of the will's drafter, ruled that an omitted phrase indicated the husband's entitlement to a fee interest, which the plaintiffs disputed, arguing that they were the remaindermen.

The plaintiffs, who are the daughters and grandson of the decedent, contested the interpretation of a will that included a residuary clause favoring the decedent's husband.

Issue

Did the trial court err in reforming the will to grant the husband a fee interest in the property, contrary to the clear language of the will?

Did the trial court err in reforming the will to grant the husband a fee interest in the property, contrary to the clear language of the will?

Rule

A will cannot be reformed after the testator's death, and an unambiguous will speaks for itself without resorting to extrinsic evidence to ascertain the testator's intent.

A will cannot be reformed after the testator's death, and an unambiguous will speaks for itself without resorting to extrinsic evidence to ascertain the testator's intent.

Analysis

The Court of Appeals analyzed the will's language and determined that it was clear and unambiguous. The court rejected the trial court's reliance on the attorney's testimony regarding a supposed scrivener's error, emphasizing that the will's provisions must stand as written. The court concluded that the husband was entitled to a life estate, with the plaintiffs holding remainder rights, as explicitly stated in the will.

The Court of Appeals analyzed the will's language and determined that it was clear and unambiguous. The court rejected the trial court's reliance on the attorney's testimony regarding a supposed scrivener's error, emphasizing that the will's provisions must stand as written.

Conclusion

The Court of Appeals reversed the trial court's decision and remanded for entry of a declaratory judgment consistent with its opinion, affirming the plaintiffs' rights as remaindermen.

The Court of Appeals reversed the trial court's decision and remanded for entry of a declaratory judgment consistent with its opinion, affirming the plaintiffs' rights as remaindermen.

Who won?

Plaintiffs prevailed in the case because the Court of Appeals found that the trial court had improperly reformed the will, which was clear and unambiguous in its terms.

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