This appeal involves the validity of a will executed in contravention of an earlier contract to make

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This appeal involves the validity of a will executed in contravention of an earlier contract to make mutual wills. A husband and wife signed a contract to make mutual wills and then executed those wills. Soon after the husband’s death, the wife executed a new will that was inconsistent with her previous will. Following the wife’s death, her son of an earlier marriage sought to probate his mother’s last will. In response, the children of the husband’s earlier marriage filed an action in the same court asserting (1) that their stepmother’s last will had been procured by undue influence, (2) that this will was invalid because it breached the contract to prepare mutual wills, and (3) that the will prepared by their stepmother pursuant to the contract to make mutual wills should be admitted to probate. The wife’s son asserted that the contract to make mutual wills was void for lack of consideration. Do you agree? How should the court rule?

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Dynamic Business Law

ISBN: 9781260733976

6th Edition

Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs

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