Extending Equity s Reach through the Mutual Wills Doctrine
It appears to me that . . . where there are mutual wills, a trust enforceable in equity against the estate of the survivor where the . . . mutual will has been revoked by the survivor can only be established if there is fraud: (1) that such . . . mutual wills were made pursuant to a deElnite agreement or contract not only to make such . . . will but also that the survivor shall not revoke; and (2) such an agreement is found with preciseness and certainty, from all of the evidence; and (3) the survivor has taken advantage of the provisions of the . . . mutual will.