Smith v. Newton

Opinion of the Court by

Judge Knight

-Affirming.

Emmett Smith and R. W. (Bob) Smith were brothers and lived together on a farm of about 225 acres located in Meade County which they jointly owned. Emmett never married and wá-s about 69 years of age when he died in March 1940. R. W. Smith was married to-Vera Smith who died in 1944. They had no children.R. W. Smith, aged 67, died in January 1947, not having remarried. On August 16, 1934, Emmett and R. W.. Smith properly executed a joint will, the pertinent part of which provided as follows:

“First. In the event that Emmett dies first it is-agreed…