Hicks v. Hicks

GRAHAM, Judge.

Evidence tendered by plaintiffs in support of their claim for damages under an asserted contract consisted entirely of testimony as to oral statements, purportedly made by Mr. and Mrs. Hall, promising to leave a portion of their farm to plaintiffs by will in compensation for services rendered. An oral contract to devise realty is within the statute of frauds (G.S. 22-2) and is unenforceable, Gales v. Smith, 249 N.C. 263, 106 S.E. 2d 164; Clapp v. Clapp, 241 N.C. 281, 85 S.E. 2d 153, as is also an indivisible contract to devise real and personal property. Mansour v. Rabil, 277…