Sievers v. Barton Ex Rel. Estate of Barton

BROWN, Justice, Retired.

Meritt Barton and Caroline Barton, husband and wife, executed reciprocal wills. The residuary legatees in the two wills were identical. Appellant Robert W. Siev-ers was to receive one-half of the residuary estate according to each will with the balance to go equally to Meritt’s niece and nephew.

Mr. Barton survived his wife, Caroline, and probated her estate. He also changed his own will after his wife’s death and made no provision for appellant. Appellant, contending that it was a breach of contract for Meritt Barton to change his will and eliminate appellant as a…