In Re Estate of Osborne

Dissenting Opinion by

Justice CARTER.

I do not believe that the evidence establishes that the will in question is a contractual will.

The majority states that a contractual will exists when the court finds the existence of a comprehensive plan of disposition that (1) treats the property of both testators as one estate; and (2) provides for a disposition of the estate property both at the time of the first testator’s death and a disposition of the remainder of the estate on the death of the survivor. I do not believe that this will meets the second prong of the test by evidencing a disposition of…