the father of their children whether the children of billy cash sacrifi death the court below held and granted some judgment that the children of billy cash waived and signed the rights that they had farm he had grain and fills cash was represented by an attorney and the children were represented by a different attorney both of whom very well experience there were no discussions there were no documents there was nothing at all that suggested that the agreement was made tells us all what the cell was a fad and in every possible respect in every possible opportunity where the farmer and i don't believe you can fairly interpret that phrase without considering all free will good terms that were used to describe what the documents refer to what the assets w rights of action holder personal injury cases wrongful death cases driver actions there's no reason why a waiver or assignment that the wrongful death and survival actions were intended to be included here and with all respect to the for the judge's allegation that i think what the court did is reversed and he interpreted the documents and the pleadings and the  the fact is every attorney every party to their being the family who was a part of this transaction settlement agreement and these testified cash and the firm issues that it raised earlier who has nothing to do with the probate action that this is all about how is it possible that that's clear and without doubt that there was intent to be  what they said was other assets that could pass to the state even if you accepted that the wrongful death action was thought it other positive reaction as relating to well they didn't tell us was it about every one of the claims that they referred to reverse the claims that the children and we know that every time it refers the guy commits referred to resolving the thing in the issues then the language of virtue all the issues between the heirs with respect to the income care even though they were never mentioned  you can't look at the consideration his face where fills a ash is paying the children fifty thousand dollars and in return the the other interests and the payment by feels to that one doesn't happen without the other and the other big transfers to philis are void if they lose the wrongful death of the survivor actions there's an exclusion it didn't happen they didn't think about this it was never their intent to cause all they were the standard that the lower court to satisfy the defendants are only entitled to summary judgment if their right to summary judgment is clear and without a doubt without any doubt in strictly against defendants and for those reasons you're the less you have any questions we asked of the court reverse the trial there was no evidence that the wrongful death or survival actions were intended by anybody to be included in either side or the settlement agreement they did not have that power and that's what the court did they call your attention to the house he case and it was an issue about a release between two parties for the same things here we're talking can't possibly name everything but here where we have wind speed construes release or tended releases here they're saying that you can't specify everything so everything