Chandler v. Estate of Rogers

Two issues are presented on this appeal: First, does the execution and nonrevocation of a will pursuant to an oral understanding to execute mutual wills constitute sufficient part performance?

Second, is a claim based on an oral agreement to execute mutual wills barred by the provisions of sec. 238A9, Stats.?

Part Performance.

An oral contract to devise real estate falls within the statute of frauds, sec. 240.08, Stats., 2 and is void 3 un less appellant’s execution and nonrevocation of a will in accordance with the agreement constitutes sufficient part performance 4 so as to remove the case…