Braden v. Neal

The opinion of the court was delivered by

Burch, J.:

The action was one by beneficiaries of an oral contract to make a will, to enforce the contract and to remove obstructions to enforcement. Demurrers to the amended petition were sustained, and plaintiffs appeal.

W. J. Kessinger and his wife, Lapatete Kessinger, had no children. On the death of one, the survivor would inherit the property of the decedent. Each one had collateral relatives. Mr. and Mrs. Kessinger agreed orally that during their joint lives neither would make a will, and that the survivor would make a will disposing of whatever…