Humphries v. Whiteley

This appeal involves reciprocal wills made by a husband and wife, each of whom had children by a former marriage, and whose children were made beneficiaries of the estate of the surviving party. The trial judge found that the surviving spouse had violated the provisions of the reciprocal will by inter vivos transfers to her own children to the exclusion of her stepchildren.

Frank and Bernice Whiteley's reciprocal wills contained the following clauses:

"THIRD ITEM: At my death I hereby give, devise and bequeath all the rest and residue of my estate, both real and personal, wheresoever situate,…