Estate of Hearn v. Hearn

OPINION

SHERRY RADACK, Chief Justice.

This case involves the issue of contractual wills. Specifically, we must decide whether wills executed simultaneously by the testator and his wife contain mutual contractual agreements to fund a family trust with the property of both spouses upon the death of the first spouse. Because we hold that there were no such contractual agreements, we affirm the trial court’s judgment.

BACKGROUND

1. The Family

Vernon Hearn died on November 4, 1998. He was survived by Louise Hearn, his wife of 42 years, and four children from a previous marriage-Chester, Roger, Gale,…