Ulsh v. Wiesler

Mrs. Ulsh presents a claim for $10,000 against her brother’s estate based upon the instrument set forth in the statement of facts. Upon the facts stated the claimant contends that the instrument is a contract fully performed by her and that she. is entitled to recover thereon according to its terms; and the appellant contends that the instrument is a will which was revoked by a later will.

Cases have several times come before this court wherein the question involved was whether an instrument was a contract or a mere testamentary disposition failing in effect be*222cause not executed with the…