Merritt vs. Yates

This appeal involves a dispute between Plaintiff June Yates Merritt ("Ms. Merritt") and Defendants Aileen Biron Yates ("Mrs. Yates") and Claire Biron ("Mr. Biron") regarding the proper interpretation or construction of mutual wills executed in April of 1985 by Mrs. Yates and her husband Thomas Harry Yates ("Mr. Yates"), who was the father of Ms. Merritt. After the death of Mr. Yates in December of 1985, Mrs. Yates deeded certain real property to Mr. Biron, gifted certain personal property to Mr. Biron, and established a revocable trust using money received as a result of her husband's death. In an action filed by Ms. Merritt challenging these transactions, the trial court determined that there were no genuine issues of material fact and entered a judgment in favor of Ms. Merritt. Additionally, the court denied Ms. Merritt's motion for discretionary costs. Mrs. Yates appeals the court's order granting a judgment in favor of Ms. Merritt and Ms. Merritt appeals the court's ruling regarding her motion for discretionary costs. For the reasons set forth below, we affirm the ruling of the trial court.