Norton v. Matthews Ex Rel. Estate of Matthews

Bussey, Justice.

In this suit in equity plaintiffs, Mr. and Mrs. Norton, who are husband and wife, seek specific performance of an alleged oral contract on the part of Ernest F. Matthews to devise to plaintiffs a fifty acre tract of land in Florence County where the said Matthews resided. Appeal is from an order of the circuit court decreeing such specific performance.

Ernest F. Matthews died intestate in September, 1962. The defendant-appellant is his brother and the administrator of his estate. Mr. Matthews was a farmer and he and his wife had no children. He did not enjoy good health for a…