Kelly v. Duvall

Elizabeth Duvall died, having been predeceased by her son, Dennis Kelly, only weeks earlier. Respondents, Duvall’s surviving sons, filed a petition for construction of Duvall’s will, asserting that the will left the assets of Duvall’s estate to her living children only. The orphans’ court ruled in favor of Respondents. Petitioner, Kelly’s heir, appealed. The circuit court and Court of Special Appeals affirmed. The Court of Appeals reversed, holding that Petitioner was permitted to inherit, as (1) the will does not express an intent to create a survivorship requirement as a condition precedent to inheritance; and (2) Duvall did not express an intent to negate Maryland’s anti-lapse statute, and therefore, the anti-lapse statute protected the devise from lapse. View "Kelly v. Duvall" on Justia Law