Duncan ex rel. Duncan v. Duncan

CROW, Judge.

Sheila Jo Duncan (“Sheila”) is the (1) widow of James William Duncan (“James”), and (2) mother of their two minor children, James Christopher Duncan and Kristy Lynn Duncan. When James died, he owned two life insurance policies, the proceeds of which were paid to his brother, Douglas Floyd Duncan (“Defendant”).

Sheila and the two children, henceforth referred to collectively as “Plaintiffs,” brought this action against Defendant seeking a declaration that he holds the insurance proceeds as trustee for Plaintiffs. Defendant moved for summary judgment. The trial court granted the…