Perkins v. Allen

A noticed motion by respondents to dismiss the appeal, passed hy us to the consideration of the case on the merits, is now denied because of our determination on the merits.

The action is one to enforce specific performance of a verbal contract between the decedent and respondents to make a will and to establish a trust upon the estate in favor of respondents.

In their amended complaint respondents alleged that, on or about January 1, 1919, D. L. Getty entered into an oral agreement:. . by the terms and conditions of which it was provided that the probate of the estate of decedent (referring to…