Marlin v. Kelly

OPINION

DRAUGHN, Justice.

This is an appeal from a declaratory judgment construing a clause in the will of Paul W. Drummet, deceased. The trial court entered a take nothing judgment against appellant, Bill Marlin, (Marlin) as to the estate’s executor, the surviving widow, and third parties who were involved in the purchase of land from the Drummet Estate. The principal question presented for review is an issue of first impression: Is appellant Marlin, who is designated by the will as exclusive real estate agent for the sale of real property devised to the widow Drummet, a conditional…