Platz v. Walk

This is a direct appeal from a decree of the circuit court of Jasper County dismissing a complaint to construe a will which prayed that the court find the plaintiffs to be the owners of certain real estate in fee simple. The right to relief depended upon the construction of the will.

John Platz and Theresa Platz, his wife, executed, on October 2, 1950, what was termed a “Mutual Last Will and Testament” and the clause thereof material to this controversy was as follows:

“Second: We give, devise and bequeath unto the survivor of us all of our property of whatsoever nature it may be, real,…