In Re Estate of Ramthun

Pursuant to a pretrial conference two issues were submitted to the trial court, the answers being deemed decisive of this suit, which under stipulation was tried in equity. They were: (a) Is the instrument of April 8, 1955, a testamentary instrument, and if so, is it a codicil or a revocation of the instrument designated as a will and dated November 3, 1930? (b) Is the instrument of April 8, 1955, a binding contract, a contractual will, or irrevocable will limiting the power of alienation or testamentary disposition of the property by Albert Ramthun ?

The trial court held that with the…