Larkins v. Howard

SIMPSON, Justice.

Appeal from interlocutory decree sustaining demurrer to the bill as amended, the trial court taking the erroneous view that the relief sought was within the bar of the statute of frauds. Code 1940, Tit. 20, § 3. •

The case made by the bill is: V. L. Larkins in 1927, then aged and infirm, duly executed his last will and testament devising to appellant all of his property, including the suit property where the couple resided as a homestead during testator’s lifetime, in consideration of the oral agreement of appellant, who was his wife and then young, strong, and regularly…