Weaver v. Schultz

Petitioner-appellant Weaver is appealing the granting of a summary judgment in favor of the respondent-appellee Schultz. Weaver, daughter of the decedent Bertus F. Schultz, had petitioned the trial court for the construction of decedent’s will. Schultz, the decedent’s widow and executrix of his estate, contested Weaver’s petition.

The issue raised by Weaver is whether the trial court’s granting of the summary judgment is contrary to law.

We affirm.

The facts of the case as stipulated by the parties show that Weaver, the decedent’s only child, was the subject of Item 2 of the decedent’s will…