Baker v. Baker

KAROHL, Judge.

Plaintiff, Noel L. Baker, filed a proceeding for declaratory judgment. He requested the court to construe the will of his mother, Alpha J. Baker, and find that he became the owner of the entire fee simple interest in his mother’s residence as the sole surviving joint tenant. Defendants, Yvonne Baker, Cynthia Weiland and Sandra Kane, are the widow and children of plaintiff’s brother, Lloyd N. Baker. They claim Lloyd N. Baker had tenant in common interest with plaintiff in the real estate which they inherited.

The trial court granted plaintiff summary judgment after finding: (a)…