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IN THE CIRCUIT COURT OF THE NINETEENTH
JUDICIAL CIRCUIT IN AND FOR ST. LUCIE
COUNTY, STATE OF FLORIDA.
CASE N0. 78-145 CP
IN RE: Estate of RUTH C. HILSON, )
Deceased. )
ORDER
This matter came before the Court for final hearing on
April 6, 1979,-upon the Petition for Interpretation and Construction
of Will filed herein by VIRGINIA HILSON, and the Complaint for
Declaratory Judgment filed herein by WILLIAM H. HILSON and DAURA
(DORA) HILSON. The Court having given full consideration to all
the evidence finds and determines that the decedent, RUTH C. HILSON,
died on or about February 27, 1978, while a resident of St. Lucie
County, Florida. The decedent, RUTH C. HILSON, left a Last Will
and Testament dated February 13, 1973. The Will contemplated two
(2) basic legacies: a general legacy of $7,273.00 to VIRGINIA
HILSON, and a specific legacy of the decedent's residence located
at 1901 South 41st Street, Fort Pierce, Florida, to WILLIAM H.
HILSON. The Will further provided that any residuary Estate would
be divided as follows: one-half (1/2) to WILLIAM H. HILSON and his
wife, DAURA (DORA) HILSON, per stirpes; and one-half (1/2) to
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VIRGINIA HILSON, per stirpes. The assets of the Estate are
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insufficient to pay all of the decedent's debts, the costs of
3 administration, and all legacies in full. The Petitioner, VIRGINIA
~ HILSON, contends that the bequest of $7,273.00 to her under Clause II
of the decedent's Last Will and Testament constitutes a charge upon
the bequest of the decedent's residence to WILLIAM H. HILSON as
contained in Clause III. The Court is of the opinion that the Will
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is not unclear or ambiguous. Although the Wili could have been
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worded better, the Will provides in clear and unequivocal language
that the decedent's residence was devised to WILLIAM H. HILSON, and
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