Martin v. Palmer

OPINION

FRANK G. EVANS, Chief Justice (Retired).

This is an appeal from a summary judgment in favor of the plaintiffs. The appel-lees, who are nieces and nephews of Robert Leslie Pogue, deceased, initiated this declaratory judgment action to obtain a judicial declaration that the phrase “nieces and nephews,” as used in the decedent’s will, refers only to the decedent’s nieces and nephews and not to the nieces and nephews of decedent’s wife, Jimmie Kate Foster, who predeceased her husband.

We conclude that the appellees did not meet their burden of proving the absence of a genuine issue of…