Schefe v. Crowley

Do the provisions of the joint will and the agreement apply to the property acquired by the husband after the death of the wife?

While we may not overlook nor ignore the terms of the will in considering the question, the important instrument is the agreement; it is essentially the terms of the latter which control. The rights and obligations of the parties are determined by its terms. Indeed, it has been held that despite the contract the will may be revoked or modified, but if it is, equity will interpose and permit specific enforcement of the agreement and prevent the perpetration of fraud…