Lewis v. Tanner

Marshall, Presiding Justice.

This is a suit for specific performance of an alleged oral contract to make a will. This suit was instituted after the denial of a caveat to probate of a will executed in violation of the alleged contract. In this appeal, complaint is made concerning the trial judge’s charging the jury on the doctrine of res judicata. We agree that the charge was inapplicable and misleading. We therefore reverse. These are the facts:

Thursey Jordan obtained title to the subject real estate in 1965 through a warranty deed from her husband, Silas Jordan. Silas Jordan died in 1967.…