McKinnon v. White

This case involves the question of whether a decedent's contract to make a will in favor of the children of his first marriage should be specifically enforced to exclude minor children of his second marriage from a share of his estate. The trial court concluded specific enforcement was proper. We reverse.

Earl and Beverly Sherry were married in 1947, and six children were born during the course of their marriage. Earl executed a will on January 31, 1956, devising his property to Beverly or, in the event of her death, to his named children and any after-born children. During their marriage, the…