Marlar v. Castillo-Ruiz

¶ 16. Finding the chancellor erred in excluding competent evidence and that a genuine issue of material fact exists as to Paul’s intent, I dissent. I would reverse the summary judgment and remand this case for further proceedings.

¶ 17. Paul and Frances went to their lawyer, Jimmy Fisher’s office to execute their wills. Fisher maintains it was their intent to divide their estates equally among all six children. The majority contends that the separate wills were “very similar in several aspects.” Indeed, Paul and Frances executed reciprocal wills that were virtually identical. There was…