Stern v. Reass

EVANS, Justice.

The appellees, Eunice S. Reass and Joy S. Gilbert, surviving children of George and Irene Stern, both deceased, brought this action against the appellant, Marcella Paley Kaye Stern, the second wife of George Stern, seeking a declaratory judgment that the will jointly executed by their parents was mutual and contractual and to establish a constructive trust on the properties held by George Stern at the time of his death. The trial court rendered a summary judgment granting the relief sought by the ap-pellees, and this appeal is from that judgment.

The summary judgment proof shows…