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settlementtrialwilldivorcealimony
settlementtrialsummary judgmentwilldivorcealimony

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Timberlake v. Munford, 267 Ga. 631, 481 S.E.2d 217, 97 FCDR 608

Facts

Dillard Munford and Lillie Davis Timberlake divorced in 1977 after 36 years of marriage, with a settlement agreement that required Munford to pay Timberlake a lump sum of $500,000 from his estate after his death. Munford remarried in 1980, and Timberlake's alimony payments ceased when she remarried in 1990. In 1992, Munford executed a will that included a provision for the $500,000 legacy to Timberlake, which he died in 1993. The estate refused to pay, leading to the legal dispute.

In 1977 Munford and Timberlake divorced after 36 years of marriage. Paragraph V of their settlement agreement, which was incorporated into the divorce decree, provided: The provisions of this Agreement shall constitute a charge against the estate of the Husband and Husband's estate shall pay to the Wife a lump sum of FIVE HUNDRED THOUSAND ($500,000) DOLLARS, within ninety (90) days after his death, in full discharge of his obligation to Wife thereafter.

Issue

Did Dillard Munford's will provide for a $500,000 legacy to his former wife, Lillie Davis Timberlake, despite the cessation of his alimony obligation before his death?

Did Dillard Munford's will provide for a $500,000 legacy to his former wife, Lillie Davis Timberlake, despite the cessation of his alimony obligation before his death?

Rule

The construction of a will is a question of law, and the cardinal rule is to ascertain and give effect to the testator's intent by looking at the entire will and the circumstances surrounding its execution.

The construction of a will is a question of law for the court. In construing wills, the cardinal rule is to ascertain and give effect to the testator's intent.

Analysis

The court analyzed the language of Munford's will and the 1977 settlement agreement, concluding that the clear intent was to provide Timberlake with a $500,000 bequest. The will's language was unambiguous, and the circumstances indicated that Munford intended to satisfy his obligations under the settlement agreement, despite no longer being legally required to pay alimony.

Applying these rules of construction, we conclude that Munford intended to leave a bequest of $500,000 to his former wife. The language providing for the bequest in the will is not ambiguous.

Conclusion

The Supreme Court reversed the trial court's decision and remanded the case, ruling that Timberlake was entitled to the $500,000 legacy as intended by Munford's will.

Because the plain language of the will supports Timberlake's argument that Munford intended for his estate to pay her a lump sum of $500,000, we reverse the trial court's grant of summary judgment to the estate.

Who won?

Lillie Davis Timberlake prevailed in the case because the court found that the language of Munford's will clearly indicated his intent to provide her with the legacy, regardless of the cessation of alimony payments.

Timberlake seeks a $500,000 legacy under Munford's will, arguing that their 1977 agreement provides for a deferred property settlement from his estate.

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