Miller v. Miller

EAGLES, Judge.

Plaintiff appeals.from the trial court’s granting of defendant’s summary judgment motion. Plaintiff contends that summary judg-*74merit should not have been granted because the testator devised the remaining proceeds of the promissory note to plaintiff under his will. Plaintiff alleges that defendant has no right to the promissory note because the property which was sold in exchange for the promissory note was owned by testator alone. Therefore, plaintiff contends testator’s will should control the disposition of the proceeds because testator alone was entitled to the proceeds of…