Emberson v. Hartley

Virginia Emberson, as executrix of the estate of her late husband, Richard Emberson, appeals from an order granting summary judgment in favor of Frances Hartley. The dispute in this case arose through a disagreement between Emberson and her sister-in-law, Hartley, over the distribution of the nonprobate assets of the estate of Fannie V. Guthrie, the late aunt of Richard Emberson and Frances Hartley.

The issue before us on appeal is whether mutual promises of a brother and sister to equally divide nonprobate assets acquired by them in disproportionate amounts satisfies the necessity of…