Lamphier v. Chapman

LeGRAND, Justice.

The question we must first decide is whether the instruments executed in 1962 by Bernard R. Chapman and his wife Hilda Chapman were joint and mutual wills. If this question is answered affirmatively, we must then determine what happens when a survivor attempts to dispose of property in violation of the terms of such an instrument.

The case reaches us on a petition to set aside Bernard’s 1962 will. The petition seeks the admission to probate of a later instrument executed by him in 1969 after the death of his wife Hilda. The action was brought under § 633.310, The Code, and is…