Wilcox v. Wilcox

225 Ga. 472 (1969)

169 S.E.2d 819

WILCOX

v.

WILCOX, Executor.

25256.

Supreme Court of Georgia.

Submitted July 14, 1969.

Decided September 8, 1969.

Odom & Dendy, Thomas M. Odom, Florence Hewlett Dendy, for appellant.

C. W. Heath, for appellee.

FRANKUM, Justice.

The appeal here is from the judgment of the trial court sustaining the defendant's motions to dismiss the plaintiff's complaint and to grant a summary judgment for the defendant.

1. Count 1 of the original complaint sought a judgment decreeing specific performance of an alleged written promise of the defendant's testator dated December 1, 1938, by…