Duling v. Markun

STECKLER, Chief Judge.

This is the second time the trial court has considered the issues in this cause. On May 20, 1955, this court granted the defendants’ motions for summary judgment based upon the pleadings, affidavits and deposition on file in support of the motions, concluding that there was no genuine issue as to any material fact and that the defendants were entitled to judgment as a matter of law. This conclusion was based upon the court’s interpretation of paragraph Sixth of the last will and testament of the decedent, Jack Marks, as viewed in light of the pleadings, affidavits and…