McDonald v. Polansky

MABRY, Justice.

We have here two suits seeking enforcement of an alleged oral contract or agreement to make a joint, or mutual will, the cases being consolidated for trial and appeal. Defendants contend that while the wills are written as one document and may be referred to in the discussion as “joint,” or “mutual,” or “joint and mutual,” that each will is, in fact, complete in itself and that no attempt is made by either to make joint disposition of their after the death of the survivor, and that the language of the will, or wills, moreover, bears no such interpretation; that there is neither…