Odeneal v. Van Horn

Parkes Van Horn filed a declaratory judgment action against William C. Ode-neal, Jr. and Vaude Van Horn seeking a determination that the joint will executed by Parkes and his wife, Virginia, was not contractual. The trial court granted summary judgment for Odeneal, trustee under the will, and Vaude Van Horn, one of the beneficiaries, finding the will contractual as a matter of law. The court of appeals, in an unpublished opinion, reversed, holding that a fact issue existed as to the parties’ intent.

Summary judgment is proper if the movant conclusively proves all the elements of his cause of…