Whiting v. Bentley

BRIGHTMIRE, Chief Judge.

The dispositive issue for review is whether mutual wills executed by a man and his wife which contain irrevocability agreements are rendered void by the terms of 84 O.S.1981 § 52.

The trial court held they were not and admitted the man’s will to probate. The will contestants appeal. We affirm.

I

The groundwork for this litigation was laid on August 16,1980, when Rex Whiting and his wife, Leona Mae Whiting, executed conjoint or mutual wills each of which contained the following irrevocability clause, identical except for the noun and pronoun self-references of the…