Rowell v. Plymouth-Home National Bank

1. None of the writings relied upon by the plaintiffs as a contract to make a will meets the requirement of G. L. c. 259, § 5A (inserted by St. 1965, c. 560, § 2), that the agreement be “in writing and signed by the person whose executor ... is sought to be charged . . . .” It is settled that the requirements of § 5A “are not satisfied by a written memorandum of the contract; the contract itself must be *1045made in writing.” Young v. Young, 251 Mass. 218, 221 (1925), citing Emery v. Burbank, 163 Mass. 326, 328 (1895). “This means that all the material terms must be in writing . . . .” Read v.…