Wilcox v. Wilcox

Frankum, Justice.

The appeal here is from the judgment of the trial court sustaining the defendant’s motions to dismiss the plaintiff’s complaint and to grant a summary judgment for the defendant.

1. Count 1 of the original complaint sought a judgment decreeing specific performance of an alleged written promise of the defendant’s testator dated December 1, 1938, by which he agreed “to convey by warranty deed to Eudelle Girtman, my future wife, all of my property that I now own after we are married.” It appears from the complaint and from the answers of the plaintiff to interrogatories and…