Marian F. Reimche v. First National Bank of Nevada, of the Estate of Marcus Daly, Iii, Deceased, and Candace Marie Daly, a Minor

OPINION

Before LUMBARD,* KOELSCH and WRIGHT, Circuit Judges. EUGENE A. WRIGHT, Circuit Judge:

Plaintiff-appellant, a California resident, sought in this diversity action specific performance of a contract to make a will allegedly entered into between her and the late Marcus Daly III. Joined as defendants were the corporate executor of Mr. Daly’s estate, his wife at the time of death and a daughter, alleged to be the child of the plaintiff by Mr. Daly. The district court dismissed the amended complaint on motion of the appellees on the ground that it failed to state a claim. We reverse.

For…