The trial court denied appellant's motion for summary judgment and cross-claim against Boatmen's Trust Company. Appellate review of motion for summary judgment is essentially de novo. ITT Commercial Finance v. Mid-Am. Appellate courts review the record in the light most favorable to the party against whom judgment was entered. Summary judgment is particularly appropriate if the issue to be resolved is the construction of a contract that is unambiguous on its face.
Appellants raise two points on appeal.
The court determines the intent of the parties from the contract alone, where the contract is not ambiguous. Whether a contract is ambiguous is a question of law. In section 6 of the separation agreement, husband promised to leave his estate at his death to his four natural children. The language used is plain and unambiguous and we infer the parties' intention from the contract alone. The Internal Revenue Code of 1954 was the current code when the parties entered into the agreement.