Mitchell v. Wood

OPINION

BENCH, Judge:

Neil Mitchell appeals the trial court’s entry of summary judgment in favor of Marjorie Sims’s estate. Lynda Wood cross-appeals. We affirm in part and reverse in part.

BACKGROUND

Grant and Marjorie Sims enjoyed a long married life together. Mr. Sims died in 1991, leaving a will which provided for the creation of a bypass trust and designated Mrs. Sims the personal representative of his estate. He also named Mrs. Sims and Mitchell co-trustees of the bypass trust, which was to be funded from the residue of his estate. The will provided that trust income was to be paid to Mrs.…