In re Estate of Edwards

This is an appeal from an order entered by the circuit court of Gallatin County admitting to probate the joint will of W.F.
Edwards and Anna B. Edwards dated October 29, 1940, and codicil thereto, as the last will of W.F. Edwards, and denying probate
of a document dated June 13, 1952, purporting to be the last will of the same decedent. W.F. Edwards and Anna B. Edwards, husband and wife, jointly executed an instrument as their last will and testament on October
29, 1940. The document stated that they had no living children or grandchildren and specified the collateral heirs of each
of them, who were expressly disinherited by its terms. The will recited that Myrtle Blue had lived with the testators and
cared for them for more than ten years and that they intended for her to have everything upon the death of the survivor. Following
an expression that all debts and funeral expenses be paid, the will stated, "We therefore desire that all property, real as
well as personal, of which we may be possessed at the time of the decease of either of us, shall be held by the survivor
during his or her lifetime, to use same as such survivor may see fit, except that such shall not be construed at any time
to mean that the survivor shall sell any of the real estate owned by the other during his or her lifetime."