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Stewart v. Ray

Language in a will bequeathing the testor's personal property and residual estate to my eight 8 children, per stirpes, along with the repeated use of the term share, indicated that each of the testator's children should receive an equal share of the relevant property.

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Appellant Opal Ray Stewart challenges the probate court’s declaratory judgment interpreting her father’s will to require equal distribution of his personal property and residual estate among his eight children. For the reasons that follow, we affirm. 1. In 1989, Willie Ray, Sr. “Ray Sr.” was injured in a truck accident for which a settlement was reached in 1995 that included monthly payments of $7,639.62 for 20 years. Stewart was appointed as his conservator. Ray Sr. died testate on December 26, 2006. His will named Stewart as executrix. In September 2007, she instructed the insurance company to deposit Ray Sr.’s annuity payments directly into her personal account to the exclusion of her seven siblings.

In December 2007, Stewart finished the conservatorship and was released of her duties. In 2009, her sister, appellee Brenda Ray “Ray”, challenged the conservatorship discharge on due process grounds. The DeKalb County Probate Court rejected Ray’s challenge, and this Court affirmed that ruling. See Ray v. Stewart , 287 Ga. 789 700 SE2d 367 2010.

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