Hodges v. Callaway

Thompson, Justice.

In 1974 Patrick H. and Lucille Jones, husband and wife, jointly executed a will styled “Mutual Last Will and Testament of P.H. Jones and Mrs. Lucille C. Jones.” The will designated the survivor as executor, and devised all personal property to the survivor, his or her heirs and assigns. The relevant provision devised all real property owned by the testators to the survivor for life, with the right to sell or dispose of the property “if necessary for their (his or her) maintenance and support, without any limitations or restrictions.” After the death of the survivor, the…