Theimer v. Crawford

The opinion of the court was delivered by This is a review of a decision of the Court of Appeals
contained in an unpublished opinion which affirmed in part and
reversed in part the judgment of the Thomas district court. The
issue before us is the validity of a number of inter vivos
transfers of real and personal property by the survivor of a
joint, mutual and contractual will. P.A. Theimer and his wife, Lillian Theimer, executed the will
on April 4, 1961. P.A. Theimer died in 1961, and the will was
admitted to probate as his last will and testament. The pertinent
portions of the will are these:

"SECOND: We, and each of us, give and bequeath to
which ever one of us is the survivor all of the
personal property of which either of us may die
possessed to be the sole and separate property of the
survivor of us absolutely and forever.