Fuller v. Fuller

Grice, Justice.

Was the petition, seeking equitable relief and monetary damages for breach of a contract to will property, subject to the demurrers lodged against it? This question arises from a suit by L. A. Fuller and Mrs. Cogee Hunnicutt Fuller, for the use and benefit of their four named children, filed in the Superior Court of Muscogee County against Mrs. Ella Mae *692Fuller, as executrix of the last will and testament of Ernest C. Fuller, deceased.

The petition alleged that, in November, 1920, the plaintiff parents entered into an oral contract with the defendant’s testator whereby the…