Burnett v. First Commercial Trust Co.

At the time of Lois Burnett’s death, her family consisted of her brother James Burnett (defendant), her nephew William Spencer, and Spencer’s children. Lois’s will left the residue of her estate in trust to Flournoy Adkins for his lifetime. The will provided that upon Adkins’s death, Lois’s real property was to be distributed to Spencer and his children. The will provided that if Adkins predeceased Lois, the residue of her estate would go to Spencer and his children. The will did not provide for disposition of any personal property from the trust. At Lois’s death, her personal property in the trust was worth approximately $195,000. First Commercial Trust Company (First Commercial) (plaintiff), trustee, filed a petition for a ruling on the disposition of the personal property. James Burnett argued that the personal property should go to him via intestate succession. The chancery court permitted parol evidence to explain the omission of the personal property from the will. The attorney who drafted the will stated that the lack of disposition of the personal property was a clerical error and that the will should have devised the personal property in the same way as the real property. The attorney also stated that Lois had intended to disinherit James. The court ruled that the personal property should go to Spencer and his children. James died during the proceedings, and his widow, Jeanne Burnett, appealed on behalf of his estate.