Smith's Administrator v. Price

Opinion of the CouRt by

Hobson, Commissionee—

Reversing.

Sallie P. Smith died on Angnst 29, 1931, and this action was bronght by D. R. Dewitt, as administrator with the will annexed, for the settlement of the estate. Her husband, D. L. Smith, died on September 19, 1931, and W. B. Smith, as his executor, filed his answer, asserting a claim to one-half of the surplus of the estate of Sallie P. Smith. As a defense to this . claim, the plaintiff pleaded these facts:

On August 9, 1928, D. L. Smith and his wife, Sallie P. Smith, entered into a verbal contract by the terms of which it was agreed between…