Crain v. Mitchell

OPINION

LANGDON, Justice.

This is a declaratory judgment suit. The principal question to be determined is whether the joint will of Wilford Aldrich and his wife, Capitola Grace Aldrich, was contractual and therefore irrevocable by the survivor.

On August 17, 1961, Wilford Aldrich and his wife, Capitola Grace Aldrich, executed a joint will. On June 29, 1966, Wilford Aldrich died and the joint will was admitted to probate as a muniment of title only. On May 25, 1967, Capitola Grace Aldrich executed a subsequent will in which she revoked all other prior wills. After Mrs. Aldrich’s death, the 1967…