Harry Hicks, of the Estate of W. F. Simmons, Deceased and R. S. Moran, of the Estate of Lenora J. Simmons, Deceased v. Homer Simmons and Oscar Simmons

MURRAH, Chief Judge.

The plaintiff-appellees brought this suit against the respective estates of their adoptive parents for enforcement of an alleged oral contract to leave their property to them upon their death. Federal jurisdiction rests upon diversity of citizenship and requisite amount in controversy, both of which concededly exist.

The trial court decreed specific performance based upon a finding that the adoptive parents (W. F. Simmons and Annie Simmons) orally agreed that “if the natural father and sister would give up custody of the plaintiffs and make no objection to formal adoption…