Smith v. Nyburg

The opinion of the court was delivered by

Dawson, J.:

This is an appeal from a judgment of the district court of Smith county overruling a demurrer to a petition in which plaintiff sought to state a cause of action predicated on an oral contract between plaintiff and her parents in their lifetime in which they bound themselves that she should have a child’s share of their property after their deaths.

In plaintiff’s petition she set out the status of the litigants — that she is a resident of Franklin, Neb.; that the three principal defendants are her brothers, two of whom are residents of Smith…