DONWORTH, J.
This is an appeal from a decree granting specific performance of an oral contract between husband and wife to make mutual wills (which were jointly executed as one document) where the surviving spouse, subsequent to the death of the beneficiary named therein, made a later will expressly repudiating her mutual will.
The document, which is the basis of this controversy, reads as follows:
"WILL
"We, E.C. Ruchert, of the age of fifty...
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