Martino v. Martino

OPINION

MURPHY, Chief Justice.

This is an appeal from a summary judgment, wherein the trial court found that the will of Anthony N. Martino gave Frank Martino a vested remainder which lapsed in favor of certain appellees. Appellant, Louise Martino, in her sole point of error, complains that the trial court erred in implying a condition of survival on the vested remainder interest of Frank Marti-no. We disagree.

On September 13, 1971, Anthony Marti-no (“Anthony”) died at the age of 67. Anthony was survived by his wife, Nina Mar-tino (“Nina”), three brothers, Vincent Martino (“Vincent”), Frank…