Lindsey v. Gamble

DENTON, Chief Justice.

This is an appeal from a judgment of the district court of Foard County refusing to admit to probate an instrument offered as the will of Lizzie Lindsey. On November 22, 1955 C. C. Lindsey and wife, Lizzie Lindsey executed a joint and reciprocal will bequeathing to the survivor their entire estate, and appointing the survivor independent executor or executrix, as the case may be. The will also contained a contingent clause, a major portion of which reads as follows:

“3. In the event that our' deaths should occur simultaneously, or approximately so, or in the same common…