WILLS - JOINT AND MUTUAL WILLS - CONTRACTS TO BEQUEATH AND DEVISE - STATUTE OF FRAUDS

Husband and wife made joint and mutual wills, each giving to the survivor a life interest in his or her separate property with the remainder to their foster daughter, the plaintiff. The wife died first, but the husband destroyed the entire will, and took possession of all the wife's property. The husband then died intestate, and plaintiff brought suit against the heirs to enforce the dispositions made by the joint and mutual will. Plaintiff introduced evidence to show that the will was the product of a contract, and therefore irrevocable.

Defendant objected on the ground that the agreement was not in writing and not enforceable under the statute of frauds. Held, judgment for plaintiff affirmed, the contract being enforceable because partly performed. West v. Sims, (Kan. 1941) 109 P. (2d) 479.