Sipple v. Zimmerman

Two major issues are presented in this appeal:

1. Does the 1953 document fail as a contract because not properly executed as a will ?

2. Are there issues of fact raised by any of the affirmative defenses alleged by the defendant which cannot be resolved from the pleadings, involving(a) The sufficiency of the consideration given Lena Kraft for her agreement;(b) The plaintiff’s execution of the compromise agreement;(c) The plaintiff’s delay in instituting the present action;(d) Fraud by William F. Kraft perpetrated on Lena Kraft in the signing of the joint will.

In overruling the plaintiff’s…