Berry v. Estate of Berry

The opinion of the court was delivered by

Price, J.:

This appeal involves the interpretation of the provisions of a joint and mutual last will and testament.

Lon and Ethel Berry were married in 1931. Each had been married before and each had three children by such former marriages.

On March 1,1945, one Brandenburg and his wife conveyed eighty acres of real estate situated in Shawnee county to Lon and Ethel as joint tenants with right of survivorship, and not as tenants in common. On September 5, 1945, Lon and' Ethel executed their joint and mutual last will and testament, the pertinent portions…