Barker v. Rosenthal

OPINION

HUTSON-DUNN, Justice.

Appellants, David, William, and Robert Barker (the Barkers), appeal from a summary judgment in favor of the appellee, Gail Rosenthal. Rosenthal filed a petition for declaratory judgment asking for construction of the will of Bernice Barker Gale, deceased. On Rosenthal’s motion for summary judgment, the trial court found that the decedent’s residual estate passed to Rosenthal as a fee simple determinable. In one point of error, the Barkers argue that the trial court erred in granting the summary judgment or, in the alternative, in denying their motion for summary…