In cases involving interpretation of a provision in a will, the testator’s intent controls. In this case, the executors of a will sought the court’s interpretation of a will provision. The provision specifically bequeathed to the decedent’s husband, should he survive her, household items, such as furniture and cars. The provision provided as follows:
“I hereby will, devise and bequeath unto my husband, Wilbur Siefering, should he survive me, the household furniture, fixtures and car located in and about our home so long as he continues to reside in our home. This bequest is personal to my husband and in the event he should predecease me it shall lapse and such items shall become a part of the residue of my estate.”
The husband survived, and the executors asked the court to determine whether the bequest was a life estate/remainder or an outright bequest.
The trial court concluded that the provision in the will was an outright bequest to the husband. Two heirs appealed, claiming that the wife meant only for her husband to have life use of the property, so long as he remained in the home. On appeal, the court reversed, noting that the clear language of the will coupled with the testator’s expressed intent during her life indicated that she wanted her husband to only have use of the household items if he remained in the home. Based upon the parties’ conduct in their marriage, the court believed, it was clear that they maintained separate property and that the wife only intended for her husband to live comfortably in the home for so long as he resided there. In re Estate of Siefering, No. 0-064/09-0858, 2010 Iowa App. LEXIS 137 (Iowa Ct. App., Mar. 10, 2010).