Asher v. Hart

Ethridge, C.

This case involves the question of whether a beneficiary under a mutual, reciprocal will is precluded and estopped from claiming under it because of the adjudications in a final probate decree of the estate of the first *755decedent under the will, which decree was approved by the beneficiary and the survivor under the will.

Lee R. Hart and wife, Mrs. Ida A. Hart, were residents of Jackson, Mississippi. On July 2, 1940, they executed a “mutual will”. Under one of its items, if Lee Hart’s wife survived him, he devised and bequeathed'all of his property unto her. Under Item 4, if she did…