Aiken ex rel. Westgate v. English

The opinion of the court was delivered by

Dawson, J.:

This was an action by a minor to set aside the will of E. J. Westgate, his stepfather, and for an adjudication of his ownership of an undivided one-half interest in all the property comprising his stepfather’s estate.

Plaintiff’s action was founded upon a tripartite oral contract made in Colorado in August, 1918, between plaintiff, who was then eight years old, and his widowed mother and E. J. Westgate, in which Westgate promised to devise half his property to plaintiff if plain*227tiff’s mother would marry him and if plaintiff would live with…