McLAUCHLIN v. GRESSETTE

The following is the order of

Judge Brailsford:

This action to enforce specific performance of an alleged oral contract to devise real estate is before me on exceptions by plaintiffs to the report of Honorable C. E. Summers, Special Referee, which recommended dismissal of the complaint, principally upon the ground that the alleged contract has not been established by testimony which is “clear, strong and convincing”.

The original plaintiffs were W. Frank McLauchlin and his wife, Myrtis McLauchlin. The defendants are Honorable L. Marion Gressette and others as Trustees of the First Baptist Church…