Brown v. Cronic

Hines, Justice.

This is a will dispute in which the primary issue is whether or not a testamentary instrument was upon condition. We conclude that it was not.

Perry Randall Wheeler and Geraldine Phillips planned to be married at Christmas 1990. In August 1990, Wheeler and Phillips each executed what purported to be a last will and testament in which they left a significant portion of their respective estates to each other. Item Two of the will executed by Wheeler contained a devise and bequest of real and personal property “to Wife to Be, Geraldine Virginia Harrison, Brown, Phillips.” Item…