Caudell v. Caudell

Benham, Justice.

Hayward and Ann Caudell, husband and wife, executed a joint and mutual will. Item Two in the will provided that upon the death of either of the makers of the will, the survivor would take fee simple title to all the property of the deceased, real and personal. Item Six in the will provided that upon the death of both, the estate would be disposed of as follows: “Any remaining personal property” to be divided between the testators’ two sons, J. C. and Wayne Caudell; the home place to go to Wayne, provided he pay J. C. $5,000; and another 37 acres to go to Wayne and J. C., share…