In re Harold Ankrum Trust Administration & Estate of Della L. AnkrumAnnotate this Case
The Supreme Court affirmed the judgment of the district court distributing assets from the Estate of Della L. Ankrum and the Harold Ankrum Trust to Della and Harold's three children, holding that the district court correctly interpreted Della's handwritten codicil as a wish and not a specific devise of her stock in Ankrum Trucking to Stewart Ankrum.
Before Harold's death in 1993, Harold and Della executed identical wills under which the assets of the first spouse to die would go into a trust with the assets distributed equally between their three children upon the death of the surviving spouse. During the couple's lifetimes they created and grew Ankrum Trucking. At issue in this appeal was whether a handwritten codicil to Della's will found after her death made a specific devise of Ankrum Trucking shares to Stewart, one of the couple's children. The district court concluded that the language of the codicil was a wish on the part of Della and not a testamentary transfer. The Supreme Court affirmed, holding that the district court correctly interpreted Della's codicil as lacking in testamentary intent to specifically devise her shares of Ankrum Trucking to Stewart.