Jamerson v. . Logan

We think the plaintiff has misconceived her rights and remedies.

Conceding, without deciding, that the complaint contains sufficient allegation of a special promise on the part, of C. L. Freeman to devise and bequeath all of his real and personal property to the plaintiff in consideration of services to be rendered by her — the theory upon which the case was tried — we think the action, as thus encompassed and tried, must fail because the promise falls within the statute of frauds and is not in writing. Cf. S., 22-2; Stewart v. Wyrick, ante, 429; Coley v. Dalrymple, 225 N. C., 67, 33 S. E.…