Carlson v. Carlson

Julius J. Olson, Justice.

In a suit to compel specific performance of an oral contract to make a will, the court found “that plaintiff has failed to prove the agreement alleged in * * * his complaint or any other en forceable agreement by the kind and character of evidence which is required by law,” and hence that “there was no such agreement” made. Judgment of dismissal was directed, later entered, and plaintiff appeals.

The parties to this suit are the children of John A. and Mary Carlson. The mother died intestate in 1919 possessed of an 80-acre homestead, appraised value $10,000. She ivas…