Marshall v. Russell

Almand, Justice.

This appeal is from an order sustaining the general demurrers to a five-count petition. The general allegations of all the counts are the same. They are: Q. Y. Russell, the father of the plaintiff and appellant, procured the preparation of a mutual will for himself and his wife Elvie Russell, one of the defendants, on August 20, 1946; said mutual will was the result of an agreement between the husband and wife that “it should constitute a contract creating a remainder estate for the children named therein which said agreement and contract could not be changed by either one of…