White v. Risdon

It was as early as the year 1854 that Chancellor Williamson determined in this court that a person might for a valid consideration enter into a verbal agreement to make a particular disposition of his property by his last will and testament. The specific enforcement of such an agreement, however, has always been subject to certain evidential requisites. It is imperative that the agreement be shown to be mutual and definite and certain both with relation to its terms and subject-matter. The creation of the agreement must be established by clear, cogent, and convincing proof because such…