In Re Estate of Barr

Plaintiff commenced two actions: the first contesting his father’s will; the second for an accounting and recovery of certain real property. Plaintiff appeals from an order granting defendant’s motion for judgment on the pleadings and dismissing the actions with prejudice. The record discloses the following:

In 1931, plaintiff and his brother, Henry Clay Barr, who is named as a defendant in the actions, entered into an oral partnership agreement with their father, Harvey S. Barr, and their stepmother, Lenora Barr. The partnership flourished.

In 1943, the partnership agreement was modified when…