Proctor v. Handke

Plaintiffs, Jean C. Proctor and Robert O. Handke, appeal from a finding for defendant, Miriam Handke, at the close of plaintiffs’ evidence in a bench trial, and a prior order requiring them to pay-defendant $450 in costs for requesting and obtaining a continuance on the scheduled day of trial.

The issues presented for review are: (1) whether mutual wills executed on March 26, 1972, by defendant and her deceased husband, Otto Handke, father of the plaintiffs, constituted a binding contract between the testators to dispose of the survivor’s property which could not be revoked after the death of…