In Re the Estate of Duncan

Miller, J.:

This appeal involves a joint and mutual contractual will executed by George A. Duncan and Edna E. Duncan, husband and wife.

The will was executed on February 8, 1939. There is nothing remarkable about the will itself. George and Edna respectively owned property of substantial value. They made an agreement between themselves, as reflected in the will, that their properties should go first to the survivor of them for life with a power of disposition, and then, after the death of the survivor, to their grandson, Maurice W. Duncan, (herein referred to as Maurice). After the execution of…