Estate of Johnson, in Re

OPINION

DUGGAN, Justice.

This is an appeal from a bench trial judgment in a will contest finding that the earlier of two wills executed by a decedent was joint, mutual, and contractual. While the judgment admitted the decedent’s later will to probate and appointed appellant, Dick T. Johnson (“Dick”), its proponent, as independent executor, it also imposed a constructive trust upon property in the appellant/independent executor’s hands in favor of the appellee, the co-testatrix beneficiary under the earlier will. Appellant asserts two points of error in this appeal.

Appellee, Emma Jean Oldham…