Sjolander v. Gordon

The instrument cannot be both a will and a contract. It must be one or the other. Which it is must be determined by applying the ordinary rules of construction. The dominant purpose of the maker must control. What this purpose is is often a doubtful question on which minds *617may reasonably differ. Any apparent conflict in our decisions involving the question is due to a difference of opinion as to this purpose rather than to difference as to the rule that should be applied.

In this case we agree with the trial court that the instrument constitutes a contract. It is in effect an agreement by…