Neely v. Merchants Trust Co. of Red Bank

BIGGS, Circuit Judge.

The appellant, Frank Tennyson Neely, alleged in his hill of complaint and offered proof that he and Eliza A. S. Calef entered into an oral contract whereby, in consideration of services- and financial aid rendered and to be rendered by the appellant to her, she would make a last will and testament naming 'the -appellant as her residuary legatee and devisee. Mrs. Calef died without leaving a will admissible to probate and the appellant now seeks specific performance1 of the alleged oral contract and also that a trust be impressed upon all of Mrs. Calef’s property for his…