Davis v. Shanks

OPINION

BLEIL, Justice.

Jesse Davis appeals from a summary judgment entered in this declaratory judgment action to construe a will. The principal issues on appeal are whether material issues of fact exist precluding summary judgment, whether the probate court erred in refusing to consider extrinsic evidence of the circumstances, family, and affairs of the testator, and whether the probate court erred in finding that the stock certificates were part of the estate as opposed to being owned by Davis as the result of an inter vivos gift from the testator. We find no error in the proceeding and…