In Re Estate of Winters

The opinion of the court was delivered by

Hatcher, C.:

This is an appeal from a judgment denying specific performance of an alleged oral contract to bequeath and devise a substantial portion of a decedent’s estate to the claimant for services and companionship during the decedent’s life.

The action was commenced in the probate court with the filing of a petition in the estate of Ida Pearl Winters, deceased. The matter was then certified to the district court for trial. It was stipulated before trial that as an alternative to the relief prayed for in the petition, the court might grant relief on…