Tips v. Yancey

BATEMAN, Justice.

This is a will contest in which the principal question to be determined is whether the joint will of David Robert Smith and his wife, Johnnie Mayes Morris Smith, was contractual and mutual and therefore irrevocable by the survivor. The trial court, on appeal from the probate court, held that it was and refused to admit the later, separate will of the survivor to probate.

David Robert Smith and his wife, Johnnie Mayes Morris Smith, executed a joint will dated May 25, 1963, with the formalities and solemnities necessary to make it a valid will. Omitting the signatures and…