Homer and Phoebe executed mutual wills. Homer died later that year, and his will was admitted to probate, and it gave Phoebe full right of disposition. Phoebe changed her will before her death, and that will was probated. The new will made no provisions for Homer's relatives who sought and were awarded half of Phoebe's estate based on the contract to make the mutual wills. Phoebe's relatives appealed.

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