Chayka v. Santini

We deal here with a joint, mutual and reciprocal will of a husband and wife where, upon the death of the husband, the survivor wife did not revoke the will but did transfer to her second husband as gifts much of the real and personal property awarded her under the will of her first husband.

The first Chayka appeal asked whether the joint will was founded on contract and thus binding on the survivor. We answered that a conclusive inference arises that the joint, mutual and reciprocal will was executed pursuant to a contract binding upon the survivor. 1

This second Chayka appeal asks whether the…