Swisher v. Bouse

The opinion of the court was delivered by

Thiele, J.:

This was an action to specifically enforce an agree-. ment to make a will, and from an adverse judgment the defendants appeal.

The action was commenced in the district court on March 9,1940, against the executors of the estate of Katharine Drake Schoonmaker and her heirs at law and the legatees named in her will.

The gist of the petition was that Mrs. Schoonmaker, in consideration of the performance of certain services by the plaintiff, had orally agreed with him that she would give to him by her will a *798life estate in certain real estate, as…