Leatha Todd died in April 2017 in Josephine County, Oregon. Leatha’s will stated that she was married to Keith Todd and “had no children from this marriage.” The will further stated that Leatha had three children from a previous marriage, and Keith had two children, Sandra Garcia and Debra Rhymes, from a previous marriage. Leatha’s will gave her estate to “my children” in the event Keith predeceased her. Leatha’s will defined “my children” as her children and any child or children hereafter born to or adopted by her.
Keith predeceased Leatha, and her estate was to pass to her surviving biological children pursuant to the will. However, Garcia and Rhymes claimed an ownership interest in the estate based upon their status as Leatha’s stepchildren. Garcia and Rhymes argued that Leatha’s will was ambiguous as to whether they were included among Leatha’s children who were entitled to inherit under the will. Garcia and Rhymes also argued that they should be allowed to submit extrinsic evidence beyond the language of the will to prove Leatha’s intent to include them within her estate.
The personal representative of Leatha’s estate petitioned the Josephine County Probate Court for instructions on whether Garcia and Rhymes were intended beneficiaries of Leatha’s estate. The probate court concluded Leatha’s will did not include Garcia and Rhymes within the definition of “my children.” Garcia and Rhymes appealed the decision to the Oregon Court of Appeals.
1. How should the court decide this case?
2. What was Leatha’s intent with respect to the disposition of her estate? Did she make this intent clear in her will?