In re the Estate of O'Rourke

OPINION OF THE COURT

C. Raymond Radican, J.

This is a proceeding in which the petition alleges six causes of action, all of them seeking to enforce under various theories an alleged agreement between Innis O’Rourke and his surviving spouse, Blanche, that in consideration of Innis executing a will in which he gave to his wife the maximum marital deduction in trust with a general power of appointment, she, in turn, agreed not to exercise such power, in which event the principal of the marital trust would be distributed as part of the residue for the benefit of Innis’ children by a prior marriage.…