The sole issue is whether or not the mutual last will and testament of Harry J. Smith and Lida Smith executed on February 14, 1964 constituted a binding contract for the distribution of their estate so that the subsequent will made by Harry J. Smith after the death of his wife, Lida Smith, is without effect to dispose of his property. As pertinent, the will provided that Harry and Lida Smith make a joint will and "It is our intention that our home where we now reside be used...
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