Smallridge v. Sipe

Rosalee Sipe and John William Sipe, the defendants below, appeal an order of the Circuit Court of Barbour County, dated February 22, 1990, granting summary judgment for Carl A. Smallridge, Executor of the Estate of Gladys Smallridge, and Thomas Hillyard, Sr. The Sipes contend that summary judgment was improper because there was sufficient evidence presented to raise a genuine issue of material fact. We agree; therefore, we reverse and remand the case for further proceedings consistent with this opinion.

I

Harry Hillyard was the brother of Thomas Hillyard, Sr., and Gladys Smallridge,1 and was…