Brown v. Graham

Lewis, Justice.

The plaintiffs brought this action to require the specific performance of an alleged oral contract to make a will, which the plaintiffs claim to have entered into with Elliott McCutchen, deceased. Involved is the ownership of a 145 acre tract of farm land in Florence County, South Carolina, owned by Elliott McCutchen at the time of his death in 1952.

The plaintiffs, alleged that they were the illegitimate sons of Elliott McCutchen and that, recognizing such fact, Elliott agreed to make a will devising to them his real estate, consisting of the foregoing 145 acre farm, upon the…