Gibboney v. Wachovia Bank, N.A.

CALABRIA, Judge.

The surviving next of kin ("defendants") of Larry W. Caudle ("decedent") appeal a summary judgment order declaring Walker F. Crocker Caudle Gibboney ("plaintiff") the sole beneficiary under the terms of decedent's will. We reverse.

From 1962 until 1975, plaintiff and decedent (collectively "the parties") either dated or remained "good friends," until decedent proposed to plaintiff in June 1975. During the time the parties were "simply in a dating relationship," decedent executed a will dated 25 May 1973. Article II of the will set forth four (4) mutually exclusive tiers of…