McDonald Ex Rel. Estate of Petty v. Petty

Frank Holt, Justice.

The appellees initiated this action to enforce an oral contract to make a will, to cancel their respective deeds, and for an accounting. The appellees are the surviving five brothers and sisters (including their spouses) of the deceased, Frank Petty, who allegedly agreed to make a will devising to appellees certain property deeded to him by them.

The appellees and their brother Frank each acquired a 1/6 interest, as surviving heirs, in a 95 acre farm upon their father’s death in 1959. Approximately three years later, appellees conveyed their respective interests to Frank by…