This section contains the nature of the case and procedural background.

John and his wife, Margie executed joint and reciprocal wills leaving their estates to each other and their son John Jr. if they both should die in a common disaster. John died first and his forty-year-old daughter, Carolyn sought a declaratory judgment that she was a pretermitted heir. The trial court found that status as there was no evidence on the face of the will to disinherit Carolyn. This appeal resulted.

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