Havird v. Schissell Ex Rel. Estate of Havird

Bussey, Justice.

In this action in equity the plaintiff seeks to enforce a contract alleged to, have been made between her and her deceased brother, Lee E. Havird, whereby each agreed to make wills devising to the other their entire respective estates. The cause was not referred but tried by the court and plaintiff appeals from an adverse decree.

In the year 1961, plaintiff, her brother, Lee E. Havird, and her sister, Minnie Havird, all unmarried, were the sole survivors of a family of five children. They owned, as tenants in common, the family home where they were reared, with plaintiff owning…