Foss v. Wiles

The opinion of the .court was delivered by

Wedell, J.:

This was an action for the specific performance of an oral contract whereby it was alleged the decedent had agreed to leave all of his real estate and most of his personalty to the plaintiff, in consideration of services, and to set aside all provisions of his will, except one, which were at variance with the alleged contract. Defendants, the executor of decedent’s estate, and all devisees and legatees, except one, appeal from the order overruling their joint demurrer to the petition.

The action was brought in the district court of Pawnee…