Logan v. Phillips

Grice, Justice.

The -denial of a motion for summary judgment in an action for specific performance of an alleged agreement to devise is for review here. The suit, filed in the Superior Court of Chattooga County, was by Elgin K. Logan and Charles T. Logan, two sons of the testatrix, against Kathleen Logan Phillips, individually and as executrix of her will, Mary Jo Logan, and other named children.

The plaintiffs alleged that they and their mother agreed that as partners they would operate a dairy farm, that she would be paid one-third of the net proceeds of the partnership during her lifetime,…