Estate of Rose v. Loucks

LOWENSTEIN, Judge.

This is an appeal from a summary judgment granted by the Probate Division of Clay County on a suit for declaratory judgment involving the construction of a will. The petition in this action was filed by James E. Lockwood, the acting Personal Representative of the estate of Mildred E. Rose (Mrs. Rose). He sought a declaratory judgment to determine whether the residuary estate of Mrs. Rose should pass: 1) under a 1986 trust agreement; 2) under a 1987 trust agreement; or 3) by intestacy. The court chose the last option. The Guardian Ad Litem for two of the parties who would…