Fuller v. Tod

JOSEPH S. WHITE, Circuit Judge.

This cause was heard after due notice upon the motion of each party for a summary decree, the depositions taken and on file herein, the affidavits, and arguments of counsel.

This case has its difficulties. The record supports the conclusion that there was an agreement between plaintiff’s mother and stepfather that plaintiff was to be sole beneficiary of the survivor’s estate. Thus, plaintiff’s claim is not without merit. Plaintiff’s stepfather, however, remarried — and it seems to be the rule that such an agreement cannot be enforced as against the rights of a…