Rodgers v. Street

Mobley, Justice.

“ ‘Contracts under which one of the contracting parties agrees with the other, for a valuable consideration, that he will make a will giving to the other property, either real or personal, have been sustained and enforced in America from the earliest times, and the validity of such contracts seems now to be beyond all doubt.’ Banks v. Howard, 117 Ga. 94 (43 S. E. 438). However, a plaintiff seeking to enforce such a contract must prove the precise contract beyond a reasonable doubt . . . The contract must also be fair and just . . . The fairness of the contract is usually to be…