Bentz v. Esterling

The narrow issue presented for our decision by this appeal is whether the evidence supports the finding of the trial court that the plaintiffs above-named made a parol gift in praesenti of a half section Tripp county farm to their son, the late John Bentz. Our review of this record proceeds in the light of settled principles which counsel do not question.

The annotation at 101 A.L.R. 985 states, “The general rule is well settled that, so far as the Statutes of Frauds is concerned, an oral gift or promise to convey real property will be specifically enforced where there has been a part…