In re Appeal of the Estate of Elaine HolbrookAnnotate this Case
This appeal stemmed from a disagreement among siblings regarding the allowance, validity, and interpretation of the will of their mother, Elaine Holbrook. David and Cheryl Holbrook, two of the testator’s six children and co-executors of her estate, joined by Charles Holbrook III (grandson), one of testator’s seven grandchildren (collectively, appellants), appealed two Superior Court decisions in favor of appellee Amy Holbrook, testator’s daughter. On appellee’s motion, the civil division dismissed appellants’ claims that the probate division both improperly allowed the will and concluded that the will was not conditional. The civil division then granted summary judgment in favor of appellee on appellants’ remaining claim that the will was unambiguous in creating a thirteen-part devise, rather than a six-part devise. After review, the Supreme Court affirmed the civil division’s conclusions that the will was properly allowed and that it was unambiguous, but reversed and remanded on the issue of whether the will could be considered conditional.