This section contains the nature of the case and procedural background.

A 1965 will left property outright. The 1971 will left the property in trust. The 1971 will was contested by two of the testator's children who alleged that the decedent's lawyer falsely led the decedent to believe that one son was heavily in debt and another had large exposures to real estate ventures. The children claimed the lawyer encouraged the decedent to include the trust arrangements to protect his children from creditors. The allegations of fraud and undue influence were not supported, but there was conflicting evidence as to the son's financial condition, and the trial judge found no genuine issue of material facts and grants the proponent's motion for summary judgment. This appeal resulted.

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