Duncan v. Duncan

WALKER, Judge.

Defendants appeal from a summary judgment order which determined the plaintiff’s interest in certain property and in the estate of Pagie P. Duncan. On 9 October 1997, Pagie Duncan executed a Last Will and Testament (1997 Will). Article II of the 1997 Will left all of her property, real and personal, in pertinent part as follows:

unto my five children, ERNEST C. DUNCAN, JAMES WILLIAM DUNCAN, II, PATSY DUNCAN PHIPPS, LOUISE DUNCAN MITCHUM, and LAWRENCE C. DUNCAN, JR., in equal shares in fee simple, provided, however, that if. . . my Son, LAWRENCE C. DUNCAN, JR., shall not be living…