Kozyra v. Jackman

This appeal arises from the entry of summary judgment in favor of plaintiffsappellees on January 18, 1973, and the denial of defendant-appellant’s motion for a rehearing on December 5, 1973. This opinion will not attempt to recite all of the procedural machinations which have occurred in the seven years during which this controversy has continued. A brief review, however, will set the case in perspective.

On April 26, 1962, decedent Eugene Jackiewicz and his wife, Wanda, executed a joint will providing that the survivor should take the whole estate and that upon the death of the survivor the…