Cohen v. Cohen

HENDRY, Judge.

Appellants, plaintiffs below, living beneficiaries under a joint and mutual last will and testament, appeal a final judgment entered by the circuit court dismissing their complaint for declaratory judgment, specific performance, and damages.

On March 29, 1968, Joseph and Jean Schwartz, husband and wife, executed a joint and mutual will which included, inter alia, the following provision:

“We ... do make, publish and declare this to be our joint and mutual Last Will and Testament, and do hereby expressly revoke all other Wills and Codicils and testamentary papers at any time…