Dawley v. Dawley's Estate

It is plain that the question of heirship is not involved in the case, except in so far as it may bear upon that of consideration. Neither is it claimed that the contract in any way constitutes a will. It is conceded by the claimant that she must recover as upon a contract or not at all.

We are relieved from much discussion as to the law of the case, by the admission of counsel for the executor, in their brief, of the following legal propositions, well sustained by authority, as follows:

“1. A promise to make provision by will for a valuable consideration, is a valid contract and an action will…