First National Bank & Trust Co. v. Falligant

Wyatt, Justice.

The first question presented is whether or not the trial court committed error in overruling the general demurrer to the petition. We are confronted here with one of the prolific sources of litigation, and with a question that is generally a difficult one. An oral contract by the terms of which a person agrees for a valuable consideration that he will make a will giving .property to the other contracting party may be enforced by specific performance in this State. See Banks v. Howard, 117 Ga. 94 (43 S. E. 438). The law, however, very properly has laid down some very strict…