In re Estate of Burcham

The opinion of the court was delivered by This appeal concerns distribution rights under a joint, mutual,
and contractual will, executed by Ray and Maudie Burcham, husband
and wife. At issue is how Maudie's estate, as the survivor,
should be distributed. The facts are not disputed. Ray and Maudie Burcham were husband
and wife. Maudie had one son from a prior marriage; Ray had no
children. In a single-instrument will, which was executed on
April 23, 1965, Ray and Maudie agreed to give their properties to
the survivor of them and then, following the death of the
survivor, to six named persons. Each beneficiary was to receive a
one-sixth absolute interest. These six heirs included Ray's three
nephews and two nieces as well as Maudie's son.