In Re Estate of Shirk

The opinion of the court was delivered by

Hatcher, C.:

The appellee has filed a motion for a rehearing challenging that part of the original opinion dealing with the quality of evidence required to meet the “clear and convincing test” necessary in establishing an oral contract with a person since deceased.

We have considered the motion for rehearing and find no issues pertaining to the question which was not fully considered and determined in the original opinion. The motion for rehearing is therefore denied.

However, the serious argument of able counsel leads us to extend the opinion in one…