Philp v. First National Bank & Trust Co.

This is an action in equity based upon a written agreement allegedly intended to constitute a succession contract and a contract to make a will. The amended petition alleged the breach of the agreement by the decedent in making a will contrary to the agreement, and prayed for specific performance of the written agreement by impressing a trust upon the assets in the estate of the decedent, who had executed the agreement. The defendants filed general demurrers, which were sustained. Upon plaintiffs’ refusal to plead further, plaintiffs’ amended petition was dismissed and this appeal followed.

Pla…