In Re the Estate of Hering

IRWIN, Vice Chief Justice.

In 1948, James C.. Hering and Rosa M. Hering, husband and wife, executed their mutual and conjoint will and a contract pertaining thereto. The contract contained a proviso that their properties, both real, personal and mixed, were jointly-owned with rights of survivorship; and the conjoint will, in effect, provided that if Mr. Hering died first, any property remaining upon the death of Mrs. Hering should be considered as their joint property and should be distributed, to, certain named heirs of Mr. Hering and certain named heirs of Mrs. Hering, in the manner and…