Cook v. Cook

This appeal involves the single question of whether or not appellants, as a matter of law, satisfied the quantum of proof necessary to establish an oral agreement to devise certain real estate in Thurston County in contradiction of the last will and testament of Dewey W. Cook, deceased. The trial court found that such burden of proof had not been met and dismissed the action brought against deceased’s surviving spouse, Dona E. Cook, individually and as executrix of his estate.

Plaintiffs, Wilburn Lee Cook, Jerry Leland Cook, and Lela Mae Simon, are the three adult children of decedent by a…