Tucker v. Zachary

WILLIAMS, Justice.

Parties are referred to herein as in the trial court.

Plaintiffs were two foster daughters of William R. Smith and Martha F. Smith, but they had never been legally adopted by Mr. and Mrs. Smith. Defendant was the administrator of the estate of William R. Smith, deceased.

Plaintiffs’ petition alleged that Mr. and Mrs. Smith mutually agreed and contracted with each other to leave all of their property by will to their foster daughters; that thereafter, and pursuant to such contract, they executed, or attempted to execute, a mutual and conjoint holographic will; that thereafter…