Neff v. Poboisk

Otis, Justice.

This is an action by a sister against a brother seeking to enforce the terms of mutual wills executed by their parents. The matter was tried without a jury. The court found that the wills constituted an irrevocable contract enforcible in equity. This appeal is from the judgment.

The only issue is whether there was clear, positive, and convincing evidence to support the court’s findings. We hold that there was not.

On August 24, 1961, Ben and Pauline Poboisk executed identical wills drafted in their presence by the same attorney. Each left the other all of his or her property with…