Ammons v. Williams

Undercofler, Presiding Justice.

Robert A. Culpepper and Essie Cowan Culpepper, husband and wife, executed a joint and mutual will on January 10, 1964. Mr. Culpepper died on October 20, 1964, and the joint and mutual will was duly probated. Each testator owned real property and made reciprocal gifts to each other pursuant to their contract to make a joint and mutual will.

The joint and mutual will provided that after certain specific bequests were satisfied the remainder of the estate was to vest in fee simple in the survivor. Item 6 of the will provided that the survivor was "to possess and…