McCabe v. Bagby

SIMONS, Circuit Judge.

In a suit for specific performance of an alleged contract for the making of reciprocal wills by the adoptive parents of the appellant, a decree was sought against the beneficiaries under the will of the surviving parent and the administrator of her estate. The bill sought to enforce a contract by the Kramers to give the appellant a third of their estates. The district judge concluded, after appropriate findings of fact, that the proofs failed, under applicable law, to establish such an agreement, and dismissed the bill. Plaintiff appeals.

Insofar as the evidence is not…