Fallon v. American Trust Co.

J.— This ease presents the sole issue of whether or not appellant’s second amended complaint states a cause of action. This complaint alleges: (1) an oral agreement by the decedent to devise and bequeath one-fourth of his estate to appellant in consideration of her forbearance from suing for divorce; (2) forbearance from suit by appellant despite legal grounds therefor; and (3) decedent’s execution of a will which disposed of his entire estate without provision for appellant. Alleging that respondent was estopped to assert the oral agreement and that she would be “unconscionably and…