Templeton v. Gill

Corbett, A.C.J.

Frances L. Templeton appeals from a summary judgment which dismissed her petition for an award in lieu of homestead. We affirm.

Frederic E. Templeton, the decedent, died on August 6, 1980, leaving an estate subject to probate of approximately $40,000 and a testamentary trust of approximately $500,000. Appellant is the surviving spouse. The heirs of the estate are the children of the decedent by a former marriage. Appellant was named as beneficiary of the trust during her life and, upon her death, the assets of the trust estate are to pass to the children. The federal estate tax…