Kessler v. Olen

The following opinion was filed June 21, 1938:

Fowler, J.

We assume that the findings of both jury and trial judge recited in the statement of facts preceding *666the opinion are supported by the evidence. The crucial point of the case is not whether the facts are as found, but whether the facts found constitute a valid contract. If they do the judgment was correct.

The appellant’s principal assignment of error is that, as the decedent’s property consisted partly of real estate, the oral agreement to give it to the claimant by will is void. It is void as to the real estate for want of a writing…