Levi v. Murrell

WILBUR, Circuit Judge.

This suit is brought by appellant to declare a trust in her favor in one-third of the property of the estate of Mary J. Levi, deceased, in the hands of her administratrices and legatees, in lieu of specific performance of an alleged oral agreement by the decedent *671to will one-third of her estate to the appellant in consideration of appellant’s refraining from contesting the will of decedent’s husband. The District Court dismissed the bill of complaint on the ground, stated in the decree, that the contract alleged therein and on which this action is based “was never…