In re Appeal of the Estate of Elaine A. Holbrook, Late of Salisbury, Vermont (David Holbrook, Cheryl Holbrook and Charles Holbrook III, Appellants)

¶ 1. The question presented in this will contest is whether the trial court correctly determined on summary judgment that the testator intended a last will and testament which she executed on the eve of surgery to be absolute rather than contingent on her surviving the surgery. We conclude that summary judgment was premature in this case because material factual issues remained in dispute concerning the testator's intent, and therefore reverse.

¶ 2. This is the second appeal to reach the Court in this matter. In the first, In re Estate of Holbrook ( Holbrook I ), 2016 VT 13 , 201 Vt. 254 , 140…