DeLaMater v. DeLaMater

In 1955 Abigail and Clyde DeLaMater, husband and wife, executed a joint and mutual will. The couple had no children from their marriage, but each had four children from previous marriages. Clyde died in 1965. The joint will was never probated.1 In 1977, Abigail executed a second will, which would substantially change the distribution from that in the joint will. There are no provisions for Clyde’s children, plaintiffs here, who brought this declaratory judgment action to determine their rights under the joint will. They contend that the will was based on a contract to make a will and that…