In re the Estate of Aquilino

John D. Bennett, S.

This is a construction proceeding to determine whether or not a joint and mutual will executed by the decedent and his surviving spouse contains a binding contract wherein the parties agreed that the survivor would not revoke the will.

Under articles 11 Second ” and “ Third”, the will provides:

“ Second: Upon the death of one of us leaving the other of us surviving, all the property and estate, of every kind and nature wheresoever situate of the one so dying first or of which he or she has power of disposal, is hereby given, devised and bequeathed to the survivor.

‘ ‘ Third:…