Gename v. Benson

Contract to Make a Will.

The first issue raised on this appeal is whether or not there was a contract to make a will.

On November 7, 1963, the defendant, in his own hand, captioned a sheet of paper “Last Will and Testament” and wrote in part:

“2nd I hereby will and bequeth [sic] to my good friend and neighbor Susan E. Gename if [she] survives [me] the house and land as it stands with all of the household furnishings and equipment including my automobile, to be hers absolutely.

“I do this in appreciation of the kindness and care that she has shown me.”

Plaintiff contends that this writing, though…