(Download) "Mcdonald V. Polansky" by New Mexico Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Mcdonald V. Polansky
- Author : New Mexico Supreme Court
- Release Date : January 22, 1944
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
We have here two suits seeking specific enforcement of an alleged oral contract or agreement to make a joint, or mutual will, the cases being consolidated for trial and appeal. Defendants contend that while the wills are written as one document and may be referred to in the discussion as "joint," or "mutual," or "joint and mutual," that each will is, in fact, complete in itself and that no attempt is made by either testator to make joint disposition of their property after the death of the survivor, and that the language of the will, or wills, moreover, bears no such interpretation; that there is neither evidence aliunde or to be found in its terms which would support the contention that a contract in this connection was ever entered into. The answers to both complaints deny that the wills were executed in pursuance of such contract or agreement, and alleged that at the time of their execution it was clearly understood and agreed between the testators that the survivor would be free at any time to make a different will and to otherwise dispose of all property left upon the death of the one. The issues were tried to the court, which held that the wills were not executed pursuant to any such contract and dismissed the complaints. Plaintiffs appeal.