Buchanan v. Willis

In 1936 J. H. Cobb and wife, Lena, executed in testamentary form what is commonly called a joint will.. Upon Mr. Cobb’s,death in 1942 this instrument was probated as his will, and his estate administered. Mrs.. Cobb died in 1950. In due course thereafter the heirs of Mr. and Mrs. Cobb, respectively, filed this bill under the declaratory judgment statute for the purpose of procuring a decree adjudging this instrument void for each of several reasons. The Chancellor sustained the instrument as the valid wills of Mr. and Mrs. Cobb, respectively. The ease is here on complainants’ appeal.

One…