Hite v. Hite

Sarah L. Hite, a widow, was the mother of Oscar S. Hite and Maud Mussetter, and she was living on April 27, 1914, at the time the agreement was made. Since no one can be heir to a living person, Oscar’s status was that of heir apparent or presumptive, with the hope of succeeding to a portion of his mother’s estate, either by will or descent. He had no present existing right, either vested or contingent, and that which he attempted to convey was at most a bare or mere possibility, sometimes referred to as an expectancy.

Fortunately for both parties to the agreement, the mother did make him a…