In Re Estate of Garbalinski

The will of Victoria Garbalinski (decedent) was admitted to probate in July 1979. An action was brought by Walter Garbalinski and Angeline Sareney, her son and daughter (contestants) to set it aside. Florence Bolin, another daughter and executor of the estate (executor), sought to uphold the will. A motion for summary judgment was granted in favor of the executor. Contestants’ subsequent motion to reconsider was denied, from which order this appeal is taken.

The issues raised on appeal include whether: (1) the existence of a genuine issue of material fact precluded summary judgment; and (2)…