Smith v. Simonds

Beasley, Judge.

Eleanor Simonds and Roberta McKinley, as co-executrices of the estate of Coma Maxey Bridges, filed a suit for declaratory judgment against Lanier Smith. The trial court granted their motion for judgment on the pleadings and did not expressly rule on Smith’s similar countermotion.

Smith and Bridges were married in 1946 and divorced in 1958. After Bridges died in 1994, Smith made a claim to one-half the proceeds from the co-executrices’ sale of property owned by Bridges at her death which previously had constituted the marital residence. Smith’s claim is premised on a written…