Nickell v. Nickell

Plaintiff brought this action as a minor, by his adoptive mother as next friend, seeking to establish an alleged oral contract whereby the mother’s deceased husband, M. H. Nickell, had agreed to adopt plaintiff and execute a will naming plaintiff sole beneficiary, in consideration for plaintiff’s adoptive mother remarrying decedent.

The petition first alleged the oral agreement, remarriage of plaintiff’s adoptive mother with decedent on February 3, 1933; coverture of the parties and plaintiff’s continuous residence, and relationship of father and son with decedent; plaintiff’s and his mother’s…