In Re Estate of Zahradnik

Prager, J.:

The basic issue presented in this case is whether a certain joint and mutual will is also contractual. The parties to the action are Junior Zahradnik, appellant, and Gordon L. Zahradnik, appellee. They are brothers and the only children of the testators, Emil H. Zahradnik and his wife, Georgina B. Zahradnik. On November 28, 1973, Emil and Georgina executed a joint and mutual will which provided as follows:

“I, EMIL H. ZAHRADNIK, and I, GEORGINA B. ZARADNIK, husband and wife, of Ellsworth County, Kansas, each of us and both of us being of sound and disposing mind and memory and not…