Kennedy v. Bank of America

BROWN (R. M.), J.

This appeal originated in an action brought by the plaintiff against the Bank of America National Trust & Savings Association, as executor of the will of Thomas J. McDermott, deceased (hereinafter referred to as executor), and the devisees and legatees under such will (hereinafter referred to as real parties in interest). The second amended complaint contained two causes of action. The first cause of action sought quasi-specific performance of an alleged oral contract between the plaintiff and the decedent, by which the decedent agreed to devise and bequeath his property to…