Davis v. Parris

Benham, Justice.

In January 1980, husband and wife Grady and Fronice Price executed a will which was expressly identified as being “joint and *202mutual.” Grady and Fronice had two children (appellant Deana and appellee Diane), and Grady had two other children (David and appellee Darrell) from a prior marriage. In the 1980 will, Grady and Fronice bequeathed all of their property to each other as the survivor in fee simple. At the death of the survivor, the residue of the estate was to be divided equally among the four children. The relevant language in the will is as follows:

We, E. GRADY AND…