Britt v. Upchurch

LEWIS, Judge.

The issue below in this case was whether Mr. Hartman intended for the adjoining lot, No. 37, to pass with the “residence,” Lot 36, under the above quoted passage, or whether it was intended to pass in fee to Ada Cassie Hartman under the residuary clause. Defendant assigns as error the entry of summary judgment against her in favor of the plaintiff. Defendant also assigns as error the failure of the trial court to consider the affidavit of Thomas F. Adams, Jr., the attorney who prepared Mr. Hartman’s will. We agree with the defendant and reverse.

At the hearing on summary judgment,…