Question: Carl Evans Boyd and Luther Claud Boyd died, leaving two sets of wills. The beneficiaries of the earlier wills contested the later wills, claiming the Boyds did not have the testamentary capacity to make them. While the will contest was pending, all the parties entered into written agreements resolving all the questions regarding the distribution of the estates of the Boyds.
They then asked the judge to enter an order confirming the agreements and disposing of the will contest in accordance with the agreements. The judge claimed he could not enter a judgment declaring the later wills void without finding that the Boyds lacked capacity to make them. Was there sufficient consideration for the agreements?