Darby v. Monroe Bank & Trust

Plaintiff sued for specific performance of an oral agreement to make a will devising real estate to the plaintiff, alleging that snch an agreement was made in consideration of her living on the premises with appellant’s decedent and caring for him. The trial judge found that there was such an agreement and granted the relief prayed.

Appellant contends that there was insufficient evidence to warrant the trial judge’s finding. Findings of fact were made by the trial judge which reflect a meticulous examination of the conflicting-testimony, viewed with the requirement that the proponent of such…