Timmons v. Ingrahm

Frank G. Timmons, Jr., and Jacquelyn Timmons Forman (hereinafter jointly referred to as “the Timmons”) appeal from a final summary judgment entered in favor of co-trustees Myrtle Timmons Ingrahm and David Carter. We find that the trial court erred in failing to accord the term “lineal descendants” its legal definition in determining the intent of the testator/set-tlor, Frank Timmons, Sr. (“Frank Sr.”) Accordingly, we reverse the summary final judgment entered in favor of the co-trustees and direct that partial summary judgment be entered in favor of the Timmons.

At the time of his death in…