Porter v. Falknor

KAROHL, Judge.

Fay Falknor, the personal representative and residuary beneficiary of the estate of Claude M. Saunders, appeals from a judgment ordering specific performance of a contract to make a will. We reverse and remand.

Claude M. Saunders and Wilma Irene Saunders were married in 1929. No children were born of the marriage. Claude M. Saunders had a son, named Claude A. Saunders, by a previous marriage. In 1973, Claude M. and Wilma Saunders executed a joint will. The will contained the following provisions:

ITEM THREE

All the rest, residue and remainder of our property, real or personal…