Dempski v. Dempski

This is a direct appeal by defendants, the administrator and certain heirs of the estate of Julia Dempski, deceased, from a decree of the circuit court of Lake County, entered on a jury verdict, ordering specific performance of decedent’s oral contract to devise her estate to plaintiff, Marie A. Dempski. A freehold is involved.

The principal issues presented by the appeal include: whether the evidence established a contract to make a will; whether section 2 of the Evidence Act, (Ill. Rev. Stat. 1959, chap. 51, par. 2,) barred plaintiff’s testimony and that of a defendant called by plaintiff as…