Arnold v. Beckman

Ryan, J. †

This is an action brought by respondents to specifically enforce an oral contract to make mutual wills, allegedly entered into by Milton A. Rhodes and Mary K. Rhodes, his wife, on June 23, 1947. The trial court found that such a contract had been executed, and decreed its performance. The appellant, as executor of the estate of Mary K. Rhodes, deceased, has appealed from that judgment, asserting six assignments of error.

Milton A. Rhodes and Mary K. Rhodes were 58 years of age and 57 years of age, respectively, when they were married in 1943. Each party had been previously married.…