Succession of Byrd

PRICE, Judge.

Defendant-in-rule, Donald Joe Byrd, appeals a judgment probating the statutory wills of Horace and Gira Byrd. We affirm.

On December 31, 1974, Horace and Gira Byrd executed identical statutory wills. Under the terms of these reciprocal instruments, all property of the first-deceased spouse was bequeathed to the survivor. Upon the death of the last-surviving spouse, the naked ownership of the testator’s property was bequeathed to a nephew, Walter Gene Hays, with a lifelong usufruct on the property granted to the couple’s only child and forced heir, Donald Joe Byrd.

Horace Byrd died…