Estate of Kester

OPINION

MANDERINO, Justice.

The issue in this appeal is whether Henry C. Kester and Olive M. Kester, husband and wife, in executing a joint will, also entered into a contract in the same instrument whereby each gave up the right to revoke his or her testamentary disposition in the event one of them predeceased the other.

On July 6, 1955, Henry C. Kester and Olive M. Kester executed the following joint will. The pertinent paragraphs to which appellant directs our attention have been underlined.

LAST WILL AND TESTAMENT

KNOW ALL MEN BY THESE PRESENTS, THAT

WE, HENRY CLAY KESTER and OLIVE MAY KESTER,…