Paull v. Earlywine

The rule in American jurisprudence is that where mutual or reciprocal wills are the result of a contract and after the death of one, the successor has accepted benefits under the will of the other, equity will interfere to prevent fraud. Alexander on Wills, vol. 1, pp. 96-105; 69 C.J. 1303; Stephens v. Myers, 91 Ore. 114, 177 P. 37; 2 A.L.R. 1155; 73 A.L.R. 1397.

The contract or agreement may be established bv circumstantial evidence showing the relation of the parties, their conduct before and after execution of the wills, i.e., that each party in executing a will acted with the knowledge of…