Brown v. Freese

LEONARD, J., pro tem.

This is an appeal from a judgment in favor of the respondents, denying, in effect, specific performance of a written agreement between Mary E. Whitney, now deceased, and the appellant, wherein Mrs. Whitney agreed not to revoke a will and codicils thereto in so far as they related to property left to appellant. Herein, both the will and codicils will be referred to as the will.

Mrs. Whitney was the widow of Willard W. Whitney, deceased, who left an estate of considerable value. Mrs. Whitney and 0. L. Fairbank were heirs. Among Mr. Whitney’s many bequests was one in trust…