Phelps v. Pipher

Plaintiff brought suit in circuit court for the specific performance of an alleged agreement between his parents James W. Phelps and Bertha Phelps for the making of mutual reciprocal wills. Defendant is plaintiff’s sister and is also executrix under the will of her father. It is plaintiff’s claim that the agreement in question was made May 17, 1922. The proofs disclose that on that date Mr. and Mrs. Phelps went together to the office of Hon. George M. Fields, probate judge of Cass county, that they discussed with Judge Fields the preparation of a will for each of them, and that in accordance…