Walton v. Lindsey

ALMON, Justice.

This is an appeal from a summary judgment wherein the trial court decreed that as a matter of law an illegitimate child (the appellant) could not take under the last will of Horace J. Lamar. Appellant contends that whether she was intended to be included in Horace Lamar’s will is a question of fact.

Appellees, consisting of both plaintiffs and defendants, are heirs of Horace J. Lamar. The plaintiffs in this case had filed suit to sell for division a parcel of real estate apparently descending by will from Horace J. Lamar; the interest of the plaintiffs in the property cannot be…