Upson v. Fitzgerald

Mr. Judge Hickman

delivered the opinion of the Commission of Appeals, Section A.

The plaintiff in error, Mark F. Upson, brought this suit against Mrs. Mae Florea Fitzgerald, individually and as independent executrix of the estate of Lewis W. Florea, deceased, and other persons not important here to name, to recover an undivided one-half interest in the estate of Lewis W. Florea. The basis of Upson’s asserted right of recovery is an oral con*213tract claimed to have been made by him in 1910, when he was a boy 13 years of age, with his grandparents, Lewis W. Florea and Mrs. E. A. S. Florea. In the…