Fisher v. Capp

COUNTISS, Justice.

This suit seeks construction of, and other relief based upon the joint last will and testament of decedents, Burl B. Smith and his wife, Mamie R. Smith. Appellee, Mattie Evans Capp, sister of Mamie R. Smith and a residual beneficiary under the joint will, brought suit against Elmer Fisher, a beneficiary, the other beneficiaries and the independent executor under a subsequent will executed by Mamie R. Smith.1 Mrs. Capp prevailed in the trial court on her motion for partial summary judgment for construction of the will, and that issue was severed for appellate review.

We must…