Fryxell v. Clark

STUMBO, Judge:

This appeal arises from a challenge to the will of Flora Catherine McGiveney (hereinafter “Flora”). The Jefferson Circuit Court ultimately granted summary judgment in favor of Appellee, Judith Marie McGiveney Clark (hereinafter “Judith”), holding that she was entitled to take under the joint will of her father, Albert Anthony McGiveney (hereinafter “Albert”), and her step-mother, Flora. We have reviewed the record and the law, and affirm.

Albert and Flora executed a joint will (hereinafter “joint will”) on April 28, 1951. The will provided that all of their property would go to…