Background

• Brill died testate on April 1, 2004; her holographic will left the residuary to Shirlee Phillips with the understanding she would care for Brill's mother, Annie Nichols.
• The chancery court held a coadministratrixes appointment for Shirlee Phillips and Mac Kennington and Frank Nichols later moved to discharge them for fiduciary breaches.
• The chancery court initially found Brill had testamentary capacity and the holographic will was valid; subsequent proceedings construed the last sentences of the will.
• Frank sought removal of Phillips and Kennington; Phillips sought to receive the residuary estate; the court found Phillips fulfilled the condition and was entitled to the residuary estate.
• Court of Appeals affirmed, holding the will created a conditional bequest and Phillips was entitled to the residuary estate, with Frank appealing again to this Court.
• This Court held that the language in Brill’s will did not create a condition precedent or a testamentary trust; upon de novo review, Phillips receives Brill’s residuary estate in fee simple.

Issues

Key Cases Cited

• Yeates v. Box, 198 Miss. 602 (Miss. 1945) (precatory language can create a trust when specifics show intent)
• Whitaker v. Commercial Nat’l. Bank & Trust Co., 174 So. 892 (Miss. 1937) (precatory language may create a trust with detailed provisions)
• McNeese v. Conwill, 170 So. 678 (Miss. 1936) (read will as a whole; cautions against overreading absence of express trust language)
• Ryals v. McPhail, 122 So. 493 (Miss. 1929) (clear language to husband; provisions for children left to discretion)
• Estate of Dedeaux v. Dedeaux, 584 So.2d 419 (Miss. 1991) (precatory language viewed in context of overall testamentary scheme)
• Pace v. Pace, 24 So.3d 325 (Miss. Ct. App. 2009) (appellate deference to factual determinations when reviewing for error)