Estate of Cullen v. First National Bank of Superior

This appeal involves two principal questions : (1) Does the evidence sustain the finding of the trial court that the claimants and decedent did in fact enter into an oral agreement as set forth in the claim filed by the claimants? (2) Was there such performance of this contract as to take the contract out of the operation of the statute of frauds ? This requires a consideration of the facts.

John J. Cullen, the decedent, lived in Superior for many years prior to his death, and was a man of considerable means. He was unmarried and resided at a hotel in Superior. For more than twenty-five years…