Brown v. Newkirk

Hill, Justice.

This is a suit for specific performance of an alleged oral contract between the plaintiff, Riley Newkirk, and the decedent, A. M. Newkirk, for a portion of his estate. The jury found in favor of the plaintiff, and defendant Betty Newkirk Brown, foster daughter of the decedent and administratrix of his estate, appeals.

The defendant has enumerated the following as error: (1) The trial court’s charge to the jury that as a matter of law, paragraph four of decedent’s will was a lapsed legacy; (2) the trial court’s charge to the jury that the unprobated will of the decedent’s wife,…