Palmer v. Phillips

Plaintiffs appeal from a judgment of dismissal for failure of the amended complaint to state a cause of action.

Plaintiffs initiated a suit in equity against the heirs of Mary Virginia Jones, in which they sought quasi-specific performance of an alleged oral agreement by Mary Virginia Jones to make a will leaving to plaintiffs all property she owned at the time of her death, and to impress a trust upon the property left by Mrs. Jones, who died intestate, for the use and benefit of plaintiffs. The public administrator, originally made a party defendant, was dismissed upon the ground of improper…