Nesbett v. Nesbett

BATEMAN, Justice.

The sole question here is whether the joint will of George H. Nesbett, Sr. and his wife Jean is so contractual as to be irrevocable by the survivor. Both the probate court and the district court held that it was not. We agree.

George H. Nesbett, Sr., was married twice. The appellant James Neil Nesbett and the appellee George H. Nesbett, Jr., were sons of the first marriage. The second wife of George Sr. was Jean Nesbett, who had a niece named Marcello Thomas Snow, but no children. On July 12, 1956 George, Sr. and Jean signed a joint will, the pertinent parts of which are:

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