Loehr v. Kincannon

OPINION

ROBERTSON, Justice.

This is an appeal from a summary judgment granted in favor of appellee concerning a will that contained a void restraint on alienation. Raising two points of error, appellant asserts that the will was a joint and mutual will creating a contract between the makers and that appellee was not entitled to summary judgment because there is a material question of fact as to the testatrix’s intent. We affirm.

On November 19, 1969, Walter Rosen-kranz and Ella Trcalek Rosenkranz executed a joint will setting out the disposition of their property at their deaths. In their will,…