Gill v. Hewitt

The heirs of Oscar Olson brought a suit to impress a trust upon the assets of the estate of Marie Olson, the deceased wife of Oscar Olson. The sole question is whether the Olsons entered into an oral contract to make wills leaving their property to each other and if he or she be not surviving, to certain relatives, including the heirs of Oscar Olson. The trial court found that no such contract was made. Plaintiffs appeal.

This is a suit in equity, therefore, we try it de novo. However, as we recently stated in another case in which the issue also was whether an oral contract to make a will was…