Cook v. Walsh

This suit arises from the joint and mutual wills of decedents Bessie and Harold Wurtz, who were married, and the agreement on which those wills were based. Plaintiff is the niece of Bessie Wurtz. Defendant Heston Walsh is the nephew of Harold Wurtz, and defendant Mary Walsh is his wife. Defendant Fred Wurtz is Harold’s brother.

In 1972, when Bessie was 78 years old and Harold was 69, they entered into an agreement to execute wills so that their combined property would not go entirely to the heirs of the one who survived the other. They agreed that upon the death of either, the residue of his…