Coker v. Mosley

Weltner, Justice.

1. (a) The principal issue in this appeal is whether the wills executed by Roy and Alice Esther Holland, husband and wife, were “mutual wills” under the terms of OCGA § 53-2-51. That issue is answered by the plain dictate of the statute, which provides in part:(b) Except for mutual wills based on express contract, no wills shall be or shall be construed to be mutual wills unless there is contained in both wills an express statement that the wills are mutual wills.

The purpose of this provision (Ga. L. 1967,. p. 719) was to eliminate the uncertainty that had crept into the law…