Leon v. Keith

*373OPINION

THOMAS, Justice.

This is a suit for the breach of a family-settlement agreement and for actionable fraud. The court abated and dismissed the proceeding without giving any reason for its action. The principal question to be decided is whether a family-settlement agreement can only be entered into by the beneficiaries named in a will. The holding is that an heir of a testatrix, although not a beneficiary of her will, can enter into such an agreement with the will’s sole beneficiary. A companion holding is that a suit by the heir for the breach of the alleged agreement is not a collateral…