Nature of the Case
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Facts
George died testate in 1970 and was survived by his wife, Gertrude, and nine children. George’s will created two trusts in which Gertrude had a life estate with the remainder left to the nine children who were all named in the will. Bennie was one of the children. Bennie died testate prior to Gertrude. He had no children but was survived by his wife, Peggy. After Gertrude’s death, Peggy and the other relatives of George and Gertrude brought this action seeking a declaration of rights under trust. The trial court granted summary judgment against Peggy on her claim that she was entitled to Bennie’s remainder interests in the trust. Peggy appealed.
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