Perl v. Howell

GUILLOT, Justice.

This is an appeal from a judgment of a probate court denying appellants’ request for a constructive trust to be placed on all property owned by their late father, Herman Howell, at the time of his death, and further denying appellants’ request to require appellee to file a bond in the probate court equal to the value of the estate of their father. Because we find the prior revoked will of Herman Howell is evidence of a contract between him and his first wife to jointly dispose of all their property in a particular manner, we reverse the judgment below.

On November 24, 1958,…