Higgins v. Stafford

The issue presented is whether mutual wills executed according to an agreement regarding the testamentary disposition of community property control over a prior inconsistent community property agreement. The community property agreement provided that upon the death of one spouse, the deceased spouse’s property would vest in fee simple in the survivor. In contrast, the mutual wills and underlying will agreement prevented the surviving spouse from changing their agreed-upon testamentary disposition of the property. We conclude the mutual wills and will agreement demonstrated a mutual intent to…