Matter of Estate of Russell

OPINION

BOSSON, Judge.

This case involves interpretation of the will of Mrs. Shirley Lee Russell, and specifically the use of the term “personal property.” The appeal also raises the issue of when a litigant may exercise his statutory right to excuse a district judge. We affirm the trial court on the latter point. However, we reverse the grant of summary judgment in favor of Defendant, reverse the denial of summary judgment to Plaintiffs regarding the interpretation of the will, and remand for entry of judgment for Plaintiffs.

FACTS

The facts are largely undisputed. Mrs. Russell died on November…