In Re Estate of Lundgren

The question presented is whether a writing designated “Real Estate Contract,” not executed in the manner required for a will, is testamentary in character. We affirm the trial court’s negative answer to this question.

Hilma C. Lundgren died January 27, 1958, survived by three daughters and two sons. Her will, dated April 30, 1946, leaves her property equally to these five except that her daughter Bernice is given the first chance to buy the home 80 acres now in controversy. A codicil, dated August 27, 1947, affirms the will except that it leaves certain personal effects to Bernice.

January 15,…