Hinkle v. Berg

In this action to enforce an alleged oral contract to make a will, there were findings for defendant. The plaintiffs appeal from the order denying their motion for a new trial.

The alleged contract was made, if at all, with Mary P. Chance, on behalf of plaintiffs by their father, B. J. Hinkle. Mr. Hinkle was then a widower, Mrs. Chance a widow, and plaintiffs about 3 and 4 years old.

Mrs. Chance had lost a son, and her motherly disposition was such that, as it is claimed, she longed for the companionship of children, and the responsibility attendant upon their proper upbringing. In that…