In Re Estate of Miller

The opinion of the court was delivered by

Schroeder, J.:

The sole question presented by this appeal is whether the joint will of James H. Miller and Elsie R. Miller, his wife, dated January 31, 1944, is a contractual will.

The joint will in question, omitting the attestation clause, reads:

Last Will and Testament of James H. Miller and Elsie R. Miller

“We, James H. Miller and Elsie R. Miller, of Wichita, Kansas, being of full age and sound mind and memory, do make, publish and declare this to be our Last Will and Testament, hereby revoking any and all other or former wills or codicils made by us…