Schwartz v. Schwartz

The issue on this appeal is whether the existence of a contract on the part of the surviving spouse, whereby she agreed as survivor to distribute her property by will in a certain manner, can be reasonably inferred from the provisions of the joint will itself and the somewhat meager surrounding circumstances. If it can, then the finding of the learned trial court of the existence of such contract is not against the great weight and clear preponderance of the evidence, and the judgment must be affirmed.

The making of the new will by the surviving widow after the death of her husband revoked the…