In Re Estate of Jud

The opinion of the court was delivered by

Herd, J.:

This is an appeal from a district court order construing the provisions of a joint, mutual and contractual will.

John and Jean Jud were husband and wife. Both of the Juds had been previously married and each had two children by their previous marriages. On August 27, 1981, they executed a joint, mutual and contractual will.

John Jud died on June 24, 1982, less than one year after the execution of the joint will. He was survived by his wife, Jean Jud, and his two daughters from the previous marriage, Linda Mark and Terri Kerrigan. Linda and Terri…