Webb v. Smith

Almand, Justice.

The sole question in this case is: where J. P. Webb and H. Pope jointly executed their last will and testament by providing that “Upon the death of either of us, the survivor, shall have absolutely and in fee simple title, to all realty, cash, insurance, stocks, bonds, and all personalty that the deceased might be possessed of at the time of death” is such a testament a mutual or reciprocal will that is revoked by the marriage of one of the testators?

The facts, out of which the above question arises, are: J. P. Webb married the sister of H. Pope in 1939; she died on June 10,…