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IN RE ESTATE OF HUNT

No. 04-95-00094-CV.

908 S.W.2d 483 (1995)

In re ESTATE OF Marguerite HUNT, Appellant.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled September 18, 1995.

Attorney(s) appearing for the Case

Albert M. McNeel, Jr., Gilliland & McNeel, San Antonio, W. Patrick Dodson, Dodson & Lowe, Uvalde, J. Ken Nunley, Nunley, Brant & Davis, Boerne, for Appellant.

Arthur H. Bayern, Bayern, Paterson & Aycock, P.C., San Antonio, Susan K. Staricka, Assistant Attorney General, Charitable Trusts Section, Austin, Edward D. Biggers, Biggers, Beasley, Earle and Hightower, P.C., Dallas, for Appellee.

Before LOPEZ, GREEN, and DUNCAN, JJ.

OPINION

GREEN, Justice.

This case involves the proper interpretation of dispository language in a will. The issue is whether the will provision is ambiguous, thereby invoking rules of will construction; or whether the will is unambiguous, requiring the Court to give effect to the express language used. The trial court found the will to be "open to two constructions" and construed the intent of the testatrix to award the residuary estate to a charitable organization...

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