Drake v. Parker

Hatcher, Judge :

This suit involves (1) a conveyance of land by devisees who were ignorant of the will making them such, and (2) a written executory agreement by the testatrix, antedating the will, that others should have the land at her death. The two subjects will be considered separately.

1. J. H. and Almeda Parker were husband and wife. They executed a joint will in 1913, which devised a tract of 130 acres owned by her, to her brother, plaintiff John Drake, and her sister, plaintiff Armetha Wright, jointly. Mrs. Parker died in September, 1928, without revoking the will. In October, 1928,…